Wilderness Society v. Hickel

(325 F. Supp. 422, 1 ERC 1335) (D.D.C. April 23, 1970)

Plaintiffs, three conservation organizations, were granted a preliminary injunction against the issuance by federal officials under the Mineral Leasing Act of 1920 of right-of-way and special use permits for the construction of an 800 mile-long oil pipeline from Prudhoe Bay to Valdez, Alaska. Defendants had not complied with the National Environmental Policy Act (NEPA) in that environmental effects of the proposed pipeline had been inadequately studied under NEPA § 102(2)(C).

Counsel for Wilderness Society and Friends of the Earth:
Charles R. Halpern
James Moorman
2008 Hillyer Place, N.W.
Washington, D.C. 20009
(202) 387-4222

Counsel for Environmental Defense Fund:
Edward L. Rogers
P.O. Drawer 740
Stony Brook, New York
(516) 751-5191

Counsel for Walter J. Hickel:
Herbert W. Pittle Attorney
Department of Justice
Washington, D.C. 20530
(202) 739-2712

[1 ELR 20042]

Hart, J.

I. FINDINGS OF FACT

1. Amerada Hess Corporation; Atlantic Pipe Line Company, a subsidiary of Atlantic Richfield Company; B.P. Pipe Line Company, a subsidiary of B.P. Alaska, Inc.; Home Pipe Line Company, a subsidiary of Home Oil Company of Canada; Humble Pipe Line Company, a subsidiary of Humble Oil and Refining Co.; Mobil Pipe Line Company, a subsidiary of Mobil Oil Co.; Phillips Petroleum Co.; and Union Oil Company of California; (also collectively known as the Trans Alaska Pipe Line System (TAPS) and referred to thereinafter as "the Companies") have applied to Defendant for certain permits involving public lands of the United States under the jurisdiction of Defendant.

2.The Companies have applied for the following permits:

a. An oil pipe line right-of-way 54 feet in width extending from Valdez on the Pacific South Coast of Alaska to Prudhoe Bay on the Arctic North Coast, a distance of approximately 800 Miles;

[1 ELR 20043]

b. A special land-use permit for an additional access and construction space extending 11 feet on one side and 35 feet on the opposite side of said oil pipe line right-of-way;

c. A special land-use permit for an area 200 feet in width extending from the Yukon River to Prudhoe Bay for a construction surface and haul road.

3. For the purpose of constructing the pipe line and the haul road, in excess of 12 million cubic yards of gravel will be needed from the public lands administered by Defendant from various sites near the route.

4. Defendant is ready to issue a permit for the construction surface and haul road referred to in paragraph 2(c) hereof and to authorize the sale of gravel from the public lands for the construction thereof.

5. Plaintiffs are three conservation organizations. Plaintiff The Wilderness Society, a nonprofit corporation incorporated under the laws of the District of Columbia, was organized in 1935 and claims a membership of approximately 60,000 persons. Plaintiff Friends of the Earth is a nonprofit corporation organized under the laws of the State of New York. Plaintiff Environmental Defense Fund, Inc. is a nonprofit corporation organized under the laws of the State of New York.

6. Plaintiffs have submitted affidavits to the Court in support of their motion for a preliminary injunction, and Defendant has submitted affidavits in opposition thereto.

7. Attorneys for Plaintiffs and Defendant presented argument on Plaintiffs' motion for preliminary injunction on April 13, 1970.

8. Defendant has at all times treated the application of the Companies for the construction surface and haul road as separate and distinct from the other applications. Defendant has not yet met all of the procedural requirements of the National Environmental Policy Act with respect to the application for the oil pipe line right-of-way or the application for adjacent temporary access space.

II. CONCLUSIONS OF LAW

1. The Court has jurisdiction over the subject matter of the complaint and the parties hereto.

2. Plaintiffs have standing to maintain this action.

3. For the purpose of this preliminary injunction, it appears that the three aforementioned applications are, in effect, a single application for a pipe line right-of-way.

4. It appears that Defendant has not fully complied with the requirements of the National Environmental Policy Act of 1969 with respect to said application, when considered together.

5. It appears that said applications, when considered together, request a pipe line right-of-way in excess of the width permissible under Section 28 of the Mineral Leasing Act of 1920, 30 U.S.C. § 185.

6. If a preliminary injunction does not issue, it would appear that Plaintiffs will suffer irreparable injury.

7. Based upon the foregoing, a preliminary injunction against Defendant should issue.

PRELIMINARY INJUNCTION

This matter having come on for hearing on plaintiffs' Motion for a Preliminary Injunction and after consideration of the Motion, the opposition thereto, the pleadings, exhibits, and argument of counsel, and it appearing to the Court that the defendant is about to issue a permit to the Trans-Alaska Pipeline System or its constituent companies to build a haul road across public lands in Alaska from Prudhoe Bay to the Yukon River and to use gravel from the public lands therefor, all in connection with the proposed Trans-Alaska pipeline;

It further appearing that the defendant, by the issuance of any permit to Trans-Alaska Pipeline System for pipeline purposes, would thereby violate the National Environmental Policy Act of 1969, 83 Stat. 852, and the Mineral Leasing Act of 1920, 30 U.S.C. § 185, and that unless a preliminary injunction should issue the plaintiffs would suffer irreparable injury, it is by the Court this 23rd day of April, 1970,

Ordered, That defendant, his agents, officers servants, employees, attorneys, and any persons in active concert or participation with them, be and they are hereby enjoined until the final determination of plaintiffs' application for an injunction and other relief from issuing a permit in connection with the Trans-Alaska Pipeline System to any person or corporation to (1) construct a haul road over public lands of the United States from Prudhoe Bay to the Yukon River or any part of such road or (2) to the use of gravel from the public lands of the United States for such a road.

It is further ordered, That defendant, his agents, officers, servants, employees and attorneys, and any persons in active concert or participation with them, be and they are hereby enjoined until the final determination of plaintiffs' application for an injunction and other relief from, directly or indirectly, issuing a permit to any person or corporation for construction of any other section or component of the Trans-Alaska Pipeline System unless plaintiffs are given fourteen (14) days' notice prior to the planned issuance thereof and plaintiffs are given an opportunity to challenge the legality of said permit;

It is further ordered, That plaintiffs file a bond for the payment of such costs and damages as may be suffered by any party who is found to have been wrongfully or unlawfully restrained herein, in the amount of One Hundred Dollars ($100.00); and

It is further ordered, That the United States Marshal shall serve a copy of this Order forthwith upon the defendant.