Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007

• Description: Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
• State: CO
• Date: 12/7/2007
• Title: Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
• Water Supply Pro - Doc Type: Court Documents

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FIFTH CLAIM FOR RELIEF
(Violation of NEPA -- Duty to Prepare Environmental Impact Statement or
Environmental Assessment Prior to Completing Annual Operating Plans Against the
Bureau of Reclamation)
64. Each and every allegation set forth in this complaint is incorporated herein
by reference.
65. NEPA's duty to prepare an environmental assessment or environmental
impact statement applies to all major federal actions. Reclamation's Annual Operating
Plans for Glen Canyon Dam are major federal actions under NEPA. The Annual
Operating Plans establish monthly releases from Glen Canyon Dam on a yearly basis.
Reclamation's Annual Operating Plans for Glen Canyon Dam, including the 2007 and
2008 AOPs, may significantly impact the environment downstream of the Dam.
Reclamation has failed to prepare and circulate to the public an EA or EIS on any of its
Annual Operating Plans for Glen Canyon Dam operations for at least the last 10 years.
Reclamation has not complied with NEPA for its 2008 AOP.
66. Reclamation's failure to comply with NEPA for its Annual Operating
Plans, including the 2008 AOP, is agency action unlawfully withheld. 5 U.S.C. §
706(1).
PRAYER FOR RELIEF
Plaintiff respectfully requests that this Court enter judgment providing the
following relief:
1. Declare Defendants have violated the 1994 Biological Opinion, sections
7(a)(2), 7(d), and 9(a)(1)(B) of the Endangered Species Act, and the National
Environmental Policy Act;
2. Order Defendants to comply with all provisions of the Endangered
Species Act, the 1994 Biological Opinion, and the National Environmental Policy Act;
Complaint 19
Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 19 of 20