Sierra Club v. Laird

No. Civ. 70-78 TUC (D. Ariz. 1970)

Plaintiffs, seven conservation organizations, obtain preliminary injunction restraining Army Corps of Engineers from carrying out channel clearing project on Gila River. 3,000 acres of phreatophytic (water consuming) vegetation along 55 miles of the river were threatened. Clearing was begun without defendant's having complied with Executive Order 11514, 35 Fed. Reg. 4247, 1 ELR 45003 (March 5, 1970) or with the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 and 4331 et seq., 1 ELR 41009.

Counsel for all Plaintiffs Except Environmental Conscience, Inc.
Lawrence K. Bret Harte
201 North Court Avenue
Tuscon, Arizona 85701
(602) 622-7459; 622-7450

Counsel for Environmental Conscience, Inc.
Sherman R. Bendalin
904 Arizona Title Building
Phoenix, Arizona 85003
(602) 258-8404

Counsel for Defendants
Richard S. Alleman Assistant U.S. Attorney
Phoenix, Arizona
(602) 261-3131

[1 ELR 20085]

Walsh, J.

Preliminary Injunction Order of the Court

This matter having come on regularly for hearing before the Court on June 2, 1970, on plaintiffs' Complaint for Preliminary Injunction, and after consideration of the evidence adduced at said hearing, both oral and documentary, and after consideration of the pleadings, exhibits and argument of counsel, and,

It appearing to the Court that defendants, their agents, officers, servants, employees and others have commenced channel clearing work on the Gila River from Browns Canal Heading to the San Carlos Indian Reservation pursuant to a contract designated "Channel Clearing, Gila River, Graham County, Arizona, Reference DACW 09-70-B-0060", and,

It further appearing to the Court that the work being performed under said contract is a major Federal action significantly effecting the quality of the human environment, and,

It further appearing to the Court that Section 102(2)(C) of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq. is applicable to the work being performed under said contract, and,

It further appearing to the Court that the defendants, by proceeding with said work without having complied with Section 102(2)(C) of the National Environmental Policy Act of 1969, and without having complied with Executive Order No. 11514, March 5, 1970, 35 F.R. 4247, and Interim Guide lines, Council on Environmental Quality, Par. 11, 35 F.R. 7390 and 7392 are violating the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4341 et seq., and,

It further appearing to the Court that unless a preliminary injunction issues forthwith, plaintiffs will suffer, and continue to suffer immediate and irreparable injury, now, therefore, it is hereby

ORDERED, ADJUDGED AND DECREED that defendants, their agents, officers, servants, employees and agents, and any other persons or corporations in active concert or participation with them be, and they are hereby restrained and enjoined from commencing or prosecuting any work, or performing any other acts under and pursuant to that certain project contract known as Channel Clearing, Gila River, Graham County, Arizona, Reference DACW 09-70-B-0060, or any other authority authorizing the clearing and removal of phreatophytic growth along the Gila River from the Browns Canal Heading to the San Carlos Indian Reservation, unless and until said defendants have implemented and complied with the provisions of the National Environmental Policy Act of 1969, Executive Order No. 11514, and the Interim Guidelines, Council on Environmental Quality, Par. 11, 35 F.R. 7390 and 7392.

It is further ordered that plaintiffs file a bond in the sum of twenty thousand and no/100 — ($20,000.00) — dollars, conditioned for the payment of such costs and damages as may be suffered by any party who may be found to have been wrongfully or unlawfully restrained herein.

Done in open court this 23 day of June, 1970.