7. The Service's discussion of irreversible and irretrievable commitments of resources involved in the proposed regulation is adequate.
8. The EIS is an objective, good-faith document disclosing the known and unknown environmental impacts of the regulation and all reasonable and viable alternatives thereto, and represents the "hard-look" by the agency required by NEPA. Natural Resources Defense Council v. Morton, 148 U.S. App. D.C. 5, 458 F.2d 827, 838 (1972).
9. The information and studies which were available to the Secretary were sufficient to permit the preparation of an EIS which meets the requirements of NEPA, and accordingly there is no warrant for invalidating the Secretary's decision on the grounds that additional studies are required. State of Alaska v. Kleppe, Civil Action No. 76-0368 (D.D.C., August 13, 1976), appeal pending.
10. The existence of a disagreement among experts is not enough to invalidate an EIS. Life of the Land v. Brinegar, 485 F.2d 460, 472 (9th Cir. 1973).
11. The Secretary's discretion under the APA is exceedingly broad. In ruling upon plaintiff's allegation that the Secretary's action was "arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law," within the meaning of 5 U.S.C. § 706(2)(A), the Secretary's decision is entitled to a presumption of regularity, and "the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error in judgment." Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416, 28 L. Ed. 2d 136, 91 S. Ct. 814 (1971). The court's review is not de novo but rather is confined to the administrative record which was before the Secretary at the time he made his decision, together with such affidavits or testimony as the court may deem necessary to explain the reasons for the Secretary's decision. Id. at 419-420; Camp v. Pitts, 411 U.S. 138, 142-143, 36 L. Ed. 2d 106, 93 S. Ct. 1241 (1973).
12. The Secretary's conclusions and decision to issue the steel shot regulations challenged herein had a rational basis in fact, and were not arbitrary, capricious, an abuse of discretion or contrary to law.
13. It is for the Secretary, and not the Court, to balance the various competing interests. Indeed, it is not appropriate for a court to substitute its judgment for that of the administrator. Camp v. Pitts, supra; Citizens to Preserve Overton Park v. Volpe, supra; Calvert Cliffs' Coordinating Committee v. A.E.C., supra.
14. The Court has considered all other issues and arguments raised by Plaintiff and finds them to be without merit.
Upon consideration of all of the foregoing, the Court enters the following:
The issues in the above-captioned action having been duly tried and the Court having entered herein its Findings of Fact and Conclusions of Law, it is by the Court,
ORDERED and ADJUDGED that the plaintiff take nothing, and that this action be, and the same hereby is, dismissed on the merits.