325 F.Supp. 422 (D.D.C. 1970), Civ. A. 928-70, Wilderness Soc. v. Hickel

Docket Nº:Civ. A. 928-70
Citation:325 F.Supp. 422
Party Name:Wilderness Soc. v. Hickel
Case Date:April 28, 1970
Court:United States District Courts, District of Columbia
 
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Page 422

325 F.Supp. 422 (D.D.C. 1970)

The WILDERNESS SOCIETY, Friends of the Earth, and Environmental Defense Fund, Inc., Plaintiffs,

v.

Walter J. HICKEL, Secretary of the Interior, Washington, D.C., Defendant.

Civ. A. No. 928-70.

United States District Court, District of Columbia.

April 28, 1970

Action by three conservation organizations against Secretary of Interior to enjoin the issuance of certain permits. On motion for preliminary injunction, the District Court, Hart, J., held that evidence established that if preliminary injunction did not issue to enjoin Secretary of Interior from issuance of permit to oil pipeline company to construct haul road and to use gravel from public lands therefor in connection with construction of trans-Alaska pipeline system, conservation organizations would suffer irreparable damage.

Page 423

James W. Moorman, Charles R. Halpern, Victor H. Kramer, Washington, D.C., for plaintiffs.

Herbert Pittle, Department of Justice, Washington, D.C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HART, District Judge.

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-or-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;

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...

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