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 non-profit 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 Environmetal 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 Environmetal 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.
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