Plaintiffs' Motion for Preliminary Injunction was granted the same day.
12. On January 20, 1971, Defendants submitted an affidavit in support of their request for reconsideration of the Court's decision to issue a preliminary injunction.
13. It is probable that Plaintiffs would suffer irreparable injury for which there is no adequate remedy at law by the continued construction of the Cross-Florida Barge Canal project.
II. CONCLUSIONS OF LAW
1. The Court has jurisdiction over the subject matter of the Complaint and the parties hereto.
2. The doctrine of sovereign immunity is inapplicable to this cause of action.
3. Plaintiffs have standing to maintain this action.
4. Plaintiffs have stated a cause of action upon which relief can be granted.
5. Planning, development and construction of the Cross-Florida Barge Canal project are major Federal actions significantly affecting the quality of the human environment.
6. There is a probability that Defendants, in the planning, development, and construction of the Cross-Florida Barge Canal project, have not fully complied with the requirements of certain of the statutes relied upon by Plaintiffs, particularly the National Environmental Policy Act of 1969, the Fish and Wildlife Coordination Act of 1965, and the Act of July 23, 1942, 56 Stat. 703.
7. If a preliminary injunction does not issue, it is probable that Plaintiffs will suffer irreparable injury for which there is no adequate remedy at law.
Having heard counsel in open Court on January 15, 1971, and having fully considered the pleadings and affidavits filed in this case, it appears that Defendants' Motion to Dismiss is based essentially on three points: (1) that Defendants are immune from suit under the doctrine of sovereign immunity; (2) that Plaintiffs have no standing to maintain this suit; and (3) that the complaint fails to state a claim upon which relief can be granted.
Upon consideration of the pleadings and affidavits, however, it appears that: (1) Plaintiffs have alleged in their complaint that Defendants are acting beyond their statutory powers and the doctrine of sovereign immunity is, therefore, inapplicable; (2) that Plaintiffs have alleged sufficient interest in the environmental values affected or to be affected by Defendants' conduct to have standing to sue as representatives of the public interests here involved; and (3) Plaintiffs' complaint states a cause of action by reasons of the allegations therein that Defendants are violating several statutes, including the National Environmental Policy Act of 1969, designed to protect the environmental values and amenities with which Plaintiffs are here concerned. Accordingly, on January 15, 1971, in open Court, this Court denied Defendants' Motion to Dismiss. Wherefore, it is by this Court, this 27th day of January, 1971,
Ordered that Defendants' Motion to Dismiss be and it is hereby denied.
The 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, the Court having made Findings of Fact and Conclusions of Law to the effect, inter alia, that:
1. The Defendants have commenced the planning, development and construction of the Cross-Florida Barge Canal project;
2. The planning, development and construction of said project are major Federal actions significantly affecting the quality of the human environment; and,
It appearing to the Court that the Defendants, by continuing the development and construction of the Cross-Florida Barge Canal project would probably violate certain of the statutes relied upon by Plaintiffs, particularly the National Environmental Policy Act of 1969, 83 Stat. 852, §§ 101, 102; the Fish and Wildlife Coordination Act of 1965, 16 U.S.C. § 661 et seq., and the Act of July 23, 1942, 56 Stat. 703, and that unless a preliminary injunction should issue the Plaintiffs would suffer irreparable injury for which there is no adequate remedy at law, it is by the Court this 27th day of January, 1971,
Ordered, That the Defendants, their 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 commencing or continuing the following portions of the Cross-Florida Barge Canal project:
1. Cutting, clearing, damaging, dredging, or activities otherwise affecting the timber and other natural habitat, waters, flora and fauna or having an adverse environmental impact in the project area upstream on the Oklawaha River from the Eureka Dam and Lock.
2. Excavating any portion of the Cross-Florida Barge Canal east of the completed portion of the western segment of the canal, which is a point approximately two miles east of the Inglis Lock.
It is further ordered, That the Court will retain jurisdiction and hold in abeyance a determination of the Plaintiffs' request for an Order enjoining the Defendants from maintaining the present level of the Rodman Reservoir. On or before February 5, 1971, the parties are hereby requested to report to the Court with respect to whether they have been able to agree to plans and procedures for consultation regarding the future of Rodman Reservoir.
It is further ordered, That Plaintiffs file a bond for the payment of 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 Dollar ($1.00); and
It is further ordered, That the United States Marshal shall serve a copy of this Order forthwith upon the Defendants.