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6 ELR 20115 | Environmental Law Reporter | copyright © 1976 | All rights reserved Southern California Association of Governments v. KleppeNo. 75-1962 (D.D.C. December 5, 1975)The court refuses a preliminary injunction against bidding for oil exploration leases, offered for sale by the Department of Interior, on Outer Continental Shelf lands off the coast of Southern California. Plaintiffs have failed to demonstrate any likelihood of success on the merits of their NEPA challenge to the Department's decision to adopt an accelerated OCS oil and gas leasing program. The court also notes that plaintiffs' suit raises issues of res judicata, collateral estoppel and comity in view of a recent ruling by a federal district court in California, 6 ELR 20088, upholding the sufficiency of the same NEPA impact statements at issue in this litigation. Counsel for Plaintiffs Brent N. Rushforth Counsel for Defendants Gary Bohlke Robinson, J.: By this action plaintiffs in these consolidated cases challenge the October 2, 1975, decision of the Department of Interior to adopt an accelerated oil and gas leasing program of the Outer Continental Shelf and specifically seek to enjoin bidding on OCS Lease Sale No. 35, the first sale under this plan, scheduled to occur on December 11, 1975. Plaintiffs include the Southern California Association of Governments, the County of Los Angeles and the People of the State of California. Western Oil & Gas Association and various oil companies intervened in this action as defendants. This important case, filed just a week ago, is currently before the court on plaintiffs' motions for preliminary injunction, seeking to enjoin the bidding scheduled to open on December 11, 1975. After review of the voluminous briefs filed by counsel in this action, and in light of the factors to be considered as set forth in Virginia Petroleum Jobbers Ass'n v. Federal Power Commission, 104 U.S. App. D.C. 106, at 110, 259 F.2d 921, at 925 (1958), the court concludes that plaintiffs' motions must be denied on the grounds that there is no showing by plaintiffs in this action of any likelihood of success on the merits. A threshold consideration of res judicata and the related issue of collateral estoppel arises out of the recent case of People of the State of California v. Morton, (D.C.D. Cal. No. CV 74-2374-DWW) decided November 17, 1975. In that case Judge David W. Williams, in a memorandum opinion issued after trial, determined, inter alia, the sufficiency of the various environmental impact statements challenged herein and the inappropriateness of enjoining Lease Sale [6 ELR 20116] No. 35. The government argues persuasively that all plaintiffs in this action are bound by Judge Williams' determination. Additionally the action of plaintiffs People of the State of California in recently filing a Rule 52(a) Motion to Make Additional Findings of Fact and Conclusions of Law in that case, combined with their failure to file a Rule 29 Motion for New Trial or Notice of Appeal, raises a serious question concerning the propriety of this court's consideration of this action under principles of comity. The above matters are not dispositive, however. The court has, in addition, reviewed the various arguments asserted by plaintiffs in support of their request for preliminary relief and fails to find the sufficiency of a likelihood of success on the merits to warrant imposition of injunctive relief at this time. Upon the foregoing, it is this 5th day of December, 1975, ORDERED that Plaintiffs' Motions for Preliminary Injunction be and hereby are DENIED. 6 ELR 20115 | Environmental Law Reporter | copyright © 1976 | All rights reserved |