Full opinion text
OPINION AND ORDER MILES W. LORD, District Judge. This matter now comes before the Court for a decision after a full trial on the merits that commenced on January 2, 1973 and ended on January 31, 1973. The trial on the merits was consolidated with plaintiff’s motion for a preliminary injunction by an Order of this Court of December 19, 1972. The Court issued the Order in this matter on February 2, 1973, and an amendment to that Order on February 8, 1973. The Court issued these Orders before the full opinion could be drafted for the reasons detailed in the February 2, 1973 Order at pages 2-3. Plaintiff’s complaint was filed on November 24, 1972. In it plaintiff seeks a temporary and a permanent injunction restraining defendants from logging in the Boundary Waters Canoe Area (hereinafter referred to as BWCA) until all the requirements of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., (hereinafter referred to as NEPA) and the attendant regulations have been complied with by the Department of Agriculture and its subordinate agency, the United States Forest Service (hereinafter referred to as the Forest Service). In seeking this relief, plaintiff claims that the Forest Service’s present BWCA Management Plan as to timber sales, and more particularly actions taken pursuant to that Plan after January 1, 1970 (the effective date of NEPA), amount to “major federal actions significantly affecting the quality of the human environment” within the meaning of § 102(2) (A) of NEPA. Plaintiff further asserts that a detailed environmental impact statement (hereinafter referred to as an impact statement), as required by § 102(2) (C) of NEPA, should have been completed before any such actions were taken, and that logging must now be enjoined in the BWCA until an impact statement, complying with all the requirements of the aforementioned sections of NEPA, is prepared by the Forest Service. The plaintiff filed a Second Amended Complaint on January 8, 1973 in which it seeks to have logging in the virgin forest areas of the BWCA permanently enjoined because of the express requirement of § 4(d)(5) of the National Wilderness Preservation System Act of 1964 (hereinafter referred to as the Wilderness Act), that the Secretary of Agriculture should maintain the primitive character of the BWCA by imposing restrictions which are necessary to that end. Plaintiff asserts that the primitive character of the virgin forest areas of the BWCA can only be maintained by prohibiting logging in such areas. In view of the fact that the entire BWCA Management Plan is now under review by the Forest Service, that it may be substantially changed by the summer of 1973 and that the Forest Service will prepare a complete impact statement in regard thereto by April 1973, the Court ruled during the course of the trial that this issue would be held in abeyance until after the Forest Service has completed this process. The Court now reaffirms this earlier ruling. In an answer filed on January 11, 1973, the Government, on behalf of the Government defendants takes the position that there have been no “major federal actions significantly affecting the human environment” since January 1, 1970 in regard to the active timber sales in the BWCA, and that, as a result, no impact statement is required under NEPA. The Government does admit that such a statement must be filed in regard to the new BWCA Management Plan which will be completed in the spring of 1973, and, in fact, the Forest Service has represented that an impact statement on this new Plan will be finished some time in April, 1973, but contends that logging should not be halted pending the completion of this process. In addition to the above, the Government has alleged several affirmative defenses. The first affirmative defense alleged is that the allegations of plaintiff’s complaint fail to state a claim upon which relief can be granted. The second affirmative defense claimed is that plaintiff is guilty of laches, thus waiving its rights in connection with this action, in not bringing this action earlier in 1972 when it first became aware of the fact that the impact statement would not be completed until April, 1973. The third affirmative defense asserted by the Government is that this action was not duly authorized by an appropriate resolution of plaintiff’s Board of Directors as required by its Articles of Incorporation and its By-laws. The final affirmative defense claimed is that the commencement of this action by plaintiff was beyond the scope of its powers as set out in its Articles of Incorporation. In its answer, filed on December 29, 1972, defendant Consolidated Paper, Inc. (hereinafter referred to as Consolidated) also takes the position that there has been no violation of NEPA by the Forest Service, and that logging in the BWCA should not be halted pending completion of the Forest Service’s impact statement in April, 1973. Consolidated asserts all the affirmative defenses alleged by the Government. Consolidated further asserts that the “without unnecessary restriction on other uses, including that of timber” language of § 4(d)(5) of the Wilderness Act shows Congressional intent that logging should be allowed in the BWCA, or at least in the Portal Zone thereof, and that, as a result, Consolidated has an affirmative legal right to continue cutting timber on its present timber sales within the BWCA. In addition to the use of the latter statutory provision as a defense, Consolidated has made it the basis of a Counterclaim for a Declaratory Judgment that the total prohibition of logging in the BWCA sought in plaintiff’s Second Amended Complaint is an “unnecessary restriction” as a matter of law and for an order enjoining MPIRG from interfering with Consolidated’s existing timber sales in the BWCA until it can establish that such sales are inconsistent with the provisions of the Wilderness Act. Consolidated relies on the same statutory provision in asserting its Crossclaim against the Government defendants. In this Crossclaim, filed on January 2, 1973, it asks for an order determining that the total proscription of logging in the Portal Zone of the BWCA would constitute an illegal “unnecessary restriction” of timber use. In view of the Court’s prior ruling on the new issues raised by plaintiff’s Second Amended Complaint, ■ Consolidated’s Counterclaim and Crossclaim will be held in abeyance, as they relate to its claim that the Wilderness Act affirmatively requires that logging be allowed in the BWCA, until after the Forest Service has prepared its new BWCA Management plan and the accompanying impact statement. However, Consolidated’s Counterclaim and Crossclaim will be considered as they relate to the question of whether the Court should grant an injunction proscribing logging in the BWCA pending such actions by the Forest Service. In their answer, filed January 2, 1973, defendants Boise Cascade Corporation (hereinafter referred to as Boise), the Northwest Paper Company, (hereinafter referred to as Northwest) and Northern Forest Products, Ltd. (hereinafter referred to as Northern) join in the position of the Government and Consolidated that there has been no violation of NEPA by the Forest Service, that logging in the BWCA should not be halted pending completion of the Forest Service’s impact statement in April, 1973 and that plaintiff has been guilty of laches. In addition, these defendants assert that plaintiff lacks standing to maintain this action because no members of plaintiff will suffer injury to a legally protectable right as a result of continued logging in the BWCA. In its answer, filed on January 12, 1972, defendant Kainz Logging Company (hereinafter referred to as Kainz) joined in the position of the other defendants that there has been no violation of NEPA by the Forest Service and that logging in the BWCA should not be halted pending completion of the Forest Service’s impact statement in April 1973. Kainz also joins with some of the other defendants in- asserting that the plaintiff lacks standing to bring this action and that plaintiff is guilty of laches. In addition to the above, Kainz made virtually the same Crosselaim against the Government defendants as did Consolidated, and Kainz relies on the same statutory provision and reasoning as does Consolidated. Kainz also brought a Counterclaim asserting that the plaintiff brought this action with the intent to interfere with its contractual relationship with the Forest Service and to interfere with and interrupt its potential source of timber in the BWCA. Kainz further assets that plaintiff’s interference was due to its total disregard of certain provisions of the Wilderness Act, and as such, was malicious in nature and done with the intent to cause Kainz damage. Kainz seeks damages in the amount of $200,000 plus its costs and disbursements in its Counterclaim. Statutory History In 1909 pursuant to the Forest Reserve Act of 1891, 16 U.S.C. § 471, 1,159,700 acres of land in Northern Minnesota was designated in a Presidential Proclamation as the Superior National Forest. Congress set forth the basic management directives for maintaining the National Forests in the Organic Act of June 4, 1897, 16 U.S.C. §§ 475, 476, which provided that: No national forest shall be established, except to improve and protect the forest within the boundaries, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States . In recognition of the importance of maintaining this area in a primitive state a large portion of the Superior National Forest was designated as the Superior Primitive Area by the Secretary of Agriculture in 1926, under regulations promulgated by the Secretary, no permanent roads were to be constructed and severe restrictions were placed on commercial logging. In 1930, Congress passed the Shipstead-Newton-Nolan Act, 16 U.S.C. § 577, to conserve the natural beauty of shorelines of lakes and streams for recreational use. In order to carry out this purpose it was provided that: The principle of conserving the natural beauty of shore lines, for recreational use shall apply to all Federal lands which border upon any boundary lake or stream contiguous to this area, or any other lake or stream within this area which is now or eventually to be in general use for boat or canoe travel, and that for the purpose of carrying out this principle logging of all such shores to a depth of four hundred feet from the natural water line is forbidden, except as the Forest Service of the Department of Agriculture may see fit in particular instances to vary the distance for practical reasons: Provided, that in no case shall logging of any timber other than diseased, insect infected, dying or dead be permitted closer to the natural shoreline than two hundred feet, except where necessary to open areas for banking grounds, landings and other uses connected with logging operations. 16 U.S.C. § 577a. In 1939 much of the Superior Primitive Area, plus additional areas acquired by expansion of the Forest in 1936, were classified as the Superior, Caribou, and Little Indian Sioux Roadless Areas, pursuant to regulations of the Secretary of Agriculture. The policy of prohibiting permanent roads and of restricting commercial logging in accordance with the Shipstead-Newton-Nolan Act was continued. In 1941, the Secretary set up a special zone consisting of about 362,000 acres, lying just to the south of the Canadian border, in which commercial logging was prohibited. With the advent of a new management plan in 1948, the Superior Roadless Areas were reclassified under Secretary of Agriculture regulation U-3, which provided that: Lands which qualify in general as wilderness except that certain economic values are dominant with recreation value, may be classified as road-less areas * * *. The management objective will be to preserve as much of the wilderness value as possible and still permit use of timber and other industrial uses. Only temporary roads will be permitted in roadless areas. Resource uses will be managed to preserve all possible wilderness values. The 1948 Management Plan for administration of the Roadless Areas was similar to that established in 1939 but greater restrictions on commercial activities and vehicle use were imposed. With only minor modifications, management of the Superior Roadless Areas was conducted under the guidelines of the 1948 Management Plan until the passage of the Wilderness Act in 1964 and the promulgation of the rules thereunder in 1965. In passing the Wilderness Act, Congress attempted to insure that certain primitive and natural areas, such as the BWCA, were classified as wilderness areas and that these areas would be preserved for the benefit of future generations. The Congressional declaration of policy is set forth in 16 U.S.C. § 1131 (a): In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as “wilderness areas”, and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall bé designated as “wilderness areas” except as provided for in this chapter or by a subsequent Act. Wilderness is defined as follows: A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this chapter an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfihed type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. 16 U.S.C. § 1131(c). Other sections of the Wilderness Act set out the responsibility of the federal agency administering a Wilderness area: Except as otherwise provided in this chapter, each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as otherwise provided in this chapter, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. 16 U.S.C. § 1133(b). and the uses which are generally prohibited in such areas: Except as specifically provided for in this chapter, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this chapter and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this chapter (including measures required in emergencies involving the health and safety of persons within the area), there ' shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area. 16 U.S.C. § 1133(c) Of greatest importance to the present case is the special section of the Wilderness Act dealing with the BWCA: Other provisions of this chapter to the contrary notwithstanding, the management of the Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest, Minnesota, shall be in accordance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive •character of the area, particularly in the vicinity of lakes, streams, and portages : Provided, That nothing in this chapter shall preclude the continuance within the area of any already established use of motorboats. 16 U.S.C. § 1133(d)(5). During the time that Congress was considering what became the Wilderness Act, and specifically on May 21, 1964, Secretary of Agriculture Freeman appointed the BWCA Review Committee, known as the Selke Committee. Among other things, the Selke Committee was' specifically appointed to study the issue of whether logging and road building should be curtailed or completely discontinued in the BWCA. The recommendations resulting from the Committee’s investigation were summarized in a letter to Secretary Freeman of December 15, 1954. That letter stated in part that: The [BWCA] should be managed as a primitive type recreation area, with only those uses permitted which are compatible therewith and in compliance with the Shipstead-Newton-Nolan Law, the Wilderness Act, and other applicable Federal Laws. Timber harvesting as a crop is necessary in the management of the BWCA outside of the no-cut zone. The long range protection of the Area for recreational purposes requires that the large stands of over-aged timber which exist in many portions of the BWCA outside of the no-cut zone should be promptly harvested in a manner which will return the forest to a balanced timber age classification and provide the best example of multiple use forest management. However, harvesting methods must fit the recreational emphasis to which this Area has been dedicated and be consistent with and compatible to management of a primitive type recreation area. The road fill in Finn Lake is an example of the thoughtless destruction of the Area’s aesthetic qualities which should never be tolerated. The present plan of management for this Area should be immediately revised to provide details of management and require methods of timber harvesting which will enhance and protect the area outside the no-cut zone as a primitive type recreation area. The Selke Committee also recommended that approximately 150,000 acres in various parts of the BWCA be immediately added to the no-cut zone. On January 12, 1965, Secretary Freeman issued a statement on the Committee’s report. He agreed with the Committee’s recommendation as to what the general objective of management should be (i.e., as a primitive-type recreation area), and stated that: In accepting this recommendation of the Committee, I want to emphasize that the main characteristic of the Canoe Area which is important in wilderness considerations is the spectacular abundance of lakes and streams in a natural setting. The opportunity to use these lakes and streams for primitive-type recreation sets this Area apart from others in the National Forests. Objectives of management must particularly emphasize the preservation and maintenance of the primitive character of the Area in the vicinity of lakes and streams. ' The Secretary also followed the Committee’s recommendation to add 150,000 acres to the no-cut zone, and in addition, earmarked another 100,000 acres of a similar character for eventual inclusion in the no-cut zone. Finally, the Secretary made the following observations and rulings as to commercial logging in the BWCA: Commercial timber cutting will be continued in the remaining one-third of the Canoe Country, subject to strict application of the principle that there will be no cutting which will present a hazard to maintaining a desirable recreation environment adjacent to lakes and water courses. The harvesting of pulpwood and manufacture of secondary products provide the major employment in some counties. Transfer of all the timber in the Canoe Country to “no cut” status would seriously jeopardize the economy and put people out of work. To aid these industries, the Forest Service will continue to improve the forest outside the Canoe Area through better fire suppression programs, control of insect and disease epidemics, and reforestation. Pursuant to the Wilderness Act and his statement on the Selke Committee’s findings, the Secretary promulgated special regulations governing the BWCA on December 21, 1965. These regulations were slightly altered in an amendment dated August 16, 1968, and are now set forth at 36 C.F.R. § 251.85. The latest BWCA Management Plan was formulated by the Forest Service in 1964 and amended to comply with the Wilderness Act and the regulations referred to above in 1966. This Management Plan was codified in the latest BWCA Management Handbook which was adopted on August 12, 1969. In. 1969, Congress recognized the growing public concern over environmental matters by passing NEPA. The Congressional declaration of policy is set forth in 42 U.S.C. § 4331 which provides, in part, that: (a) The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans, (b) In order to carry out the policy set forth in this chapter it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations ; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences: (4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. In addition, various procedural requirements were set up to insure that environmental factors were considered by Federal agencies. Of particular importance in this matter is 42 U.S.C. § 4332 which provides, in part, that: The Congress authorizes and directs that, to the fullest extent possible: (.1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— (C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on— (i) the environmental impact of the proposed action, (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented. (iii) alternatives to the proposed action. (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and (v) any irreversible and irretrievable commitments of resources which would be involved in the proposed - action should it be implemented. Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of Title 5, and shall accompany the proposal through the existing agency review processes; FINDINGS OF FACT The BWCA At the present time the Superior National Forest is comprised of slightly over 3,000,000 acres, of which about 1,-060.000 acres are in the BWCA. The BWCA is separated into two zones, the Interior Zone and the Portal Zone, pursuant to 36 C.F.R. § 251.85. The Interi- or Zone consists of about 640,000 acres, including the approximately 100,000 acres in the 1975 addition, situated mainly in the northern portion of the BWCA along the Canadian border. Timber cutting is prohibited in this Zone. The Portal Zone consists of about 425,000 acres generally situated in the southern portion of the BWCA. Timber cutting is allowed in this Zone, and has occurred extensively between 1940 and the present time. In recent years about 45.000 cords of timber on about 3,000 acres of land has been cut in the Portal Zone each year. In the BWCA as a whole (including portions of both zones) there is about 520.000 acres of virgin forest. The term “virgin forest” was used during the trial and is used here to describe forest areas that have resulted entirely from natural factors as opposed to man-influenced or controlled factors, such as logging, planting and seeding. These are areas which are in virtually the same condition they would have been in had man never evolved. Such areas meet the definition of “wilderness” in the Wilderness Act. That is, they are undeveloped areas where the natural eco-systems are untrammeled by man, where man is a visitor who does not remain and whose works are substantially unnoticeable, where the land has retained its “primeval character and influence,” where there are outstanding opportunities for solitude and a primitive, unconfined type of recreation and which contain ecological, geographical and other features of scenic, scientific, educational and historical value. The evidence showed, and the Court finds, that the virgin forest areas of the BWCA are unique. In conjunction with the contiguous virgin forest areas of the Canadian Quetico-Superior Forest, it is by far the largest forest of its type in an area of numerous lakes and streams in the world. In addition, the BWCA is the only such forest area, as well as the largest wilderness area, in the eastern United States. The Wilderness Act provides that wilderness areas are to be devoted to the following uses: recreational, scenic, scientific, educational, conservation and hitorical. The evidence showed that the BWCA is particularly well suited for these uses. The BWCA has become increasingly important as a source of wilderness recreation for the public. For instance, about 98,000 people visited the BWCA in 1966, while about 163,000 people visited it in 1972. In fact, some of the testimony at trial indicated that the BWCA was actually being or would soon be overused by visitors so that the Forest Service is considering putting some restrictions on use as has been done in some of our National Parks. About 90% of the visitor use consists of canoeing and other activities on the waterways during the summer, 5% consists of snowmobiling on the waterways during the winter, and the remaining 5% of the use consists mainly of use of the trails for hiking in the summer and for snowshoeing or cross country skiing in the winter. After considering all of the evidence, the Court must conclude that primitive types of recreation in the BWCA are very important to a growing number of people. The scenic use is self-explanatory. The rustic, natural scenery of the BWCA is one of the main reasons for its heavy recreational use, and the beauty of the area was evident from the testimony and the numerous pictures and slides introduced into evidence. The value and importance of the BWCA for scientific and educational purposes is undisputed, but there was a dispute as to just how much virgin forest area is required for these purposes. Plaintiff’s witnesses, including Drs. Heinselman, Cushing and Wright, believe that the full 520,000 acres of remaining virgin forest should be preserved in order to protect the integrity and reliability of certain studies that are now being carried on and those that are planned for the future. They testified that to insure the purity of the gene pool and to protect the studies mentioned above from unnatural (i.e., man dominated) factors, as large an area of virgin forest as possible is required. Some of defendants’ witnesses, and especially Dr. Kaufford and Mr. Ahlgren, testified that they felt that the virgin forest areas of the present Interi- or Zone, in which logging is presently prohibited, are sufficiently large for scientific and educational purposes. The Court has considered this conflicting testimony and has concluded that large areas of virgin forest are required for at least some wilderness studies such as large scale eco-system studies, watershed studies, animal migration studies and the study of interchanges of genetic material. The Court reaches no conclusion as to exactly how much virgin forest is required for scientific and educational purposes, but it does note that the concept of what is adequate or inadequate for such purposes often changes as more information and learning on the subject becomes available. That area which might be deemed adequate at the present stage of our learning may later be regarded as totally inadequate. Congress lists “conservation” as a use, but it is more properly a management goal. Conservation is, in its broadest sense, the concern which man has that nature be kept in as pristine a state as possible. This includes not only the timber, but all the other plant life, the animals, the fish, or, in short, the whole eco-system. In this sense, the “use” of conservation suggests, as is explicitly stated in other provisions of the Wilderness Act, that the wilderness or primitive character of the BWCA is to be preserved. The historical use can be interpreted in several ways. However, in view of the concern of Congress that wilderness areas be preserved for future generations, the Court believes that the most reasonable interpretation is that it means that such areas are to be preserved in their primitive states so that future generations will be able to see and appreciate a truly natural environment. The virgin forest areas of the BWCA are perfect for such a use because they are still in their natural state. In conclusion, the Court notes that witness after witness spoke in almost reverent tones of the rare beauty, the scenery, the solitude and the “oneness with nature” that they found while in the BWCA. It was termed a gem, a jewel, and likened to a rare antique of ancient vintage. The evidence clearly showed that there is no area like it nor can there ever be another of its kind. The Parties Plaintiff. The plaintiff, Minnesota Public Interest Research Group (hereinafter sometimes referred to as MPIRG), is a non-profit Minnesota corporation, with its main place of business at Minneapolis, Minnesota. Its members are approximately 90,000 students at some 18 colleges and universities located throughout the State of Minnesota who agree to pay $3.00 a year to fund the corporation. The corporate purpose of MPIRG, as set out in its articles of Incorporation, is “to promote the public interest and social welfare.” This purpose was further explained by two employees of plaintiff who testified in this matter. They testified that MPIRG seeks to fulfill its purpose by representing various positions on matters of public concern which it, through its Board of Directors and staff, feels should be represented, but which are not being represented or are being ineffectively represented. They stated that the public interest and social welfare is best promoted by ensuring that all points of view are considered before decisions on public policy are made. The basic management of MPIRG is vested in a Board of Directors. This Board is made up of students elected at the various participating colleges and universities'. MPIRG employs about 14 people on its staff, including lawyers, researchers and clerical help, to handle its day to day operations. The Board defines the general areas of concern in which it desires the staff to work. The staff then attempts to determine, through various types of research, what points of view should be represented by MPIRG according to the criteria discussed above and what actions might be most effective in representing such views. They then present their conclusion to the Board, and, if the Board agrees, it passes a resolution authorizing the staff to go ahead with the project and to take certain actions. The staff then works on the project, with a great deal of discretion as to exactly what actions will be taken and when they will be taken, except that litigation and positions on legislation must be authorized by the Board. The “BWCA timber cutting project” was generally approved by the Board at a meeting, held on January 9, 1972. In addition, at the same meeting, the Board authorized the staff to “get involved in going to court” on the project “if necessary.” At its meeting of October 28, 1972, the Board, by voice vote, reaffirmed the staff’s power to bring suit. These actions of the Board are set forth in the official minutes of Board meetings which are a part of MPIRG’s official files, and the Court finds that they were taken in accordance with the requirements of MPIRG’s By-laws as noted above. The evidence shows that at least 34 members of MPIRG have used the BWCA in the past and intend to continue doing so in the future. Thirty-two of the affiants represented" that they used the BWCA in a general way while two affiants stated that they backpacked on several trails in the BWCA, one affiant stated that he had been canoeing several times in the BWCA and one affiant stated that he had been snowshoeing and winter camping in the BWCA. The Court finds that at least these 34 members of MPIRG have used the BWCA for recreation in the past, will so use it in the future, and will be affected by continued logging in the BWCA. Furthermore, it is probable that many other members of MPIRG have used the BWCA in the past, will use it in the future, and will be so affected. Government Defendants. The government defendants are Earl L. Butz, Secretary of Agriculture; John B. McGuire, Chief of the Forest Service; Jay Cravens, Regional Forester; and Harold Andersen, Supervisor of the Superior National Forest. Private Defendants. Emil Abramson. Mr. Abramson originally purchased one of the timber sales in controversy here, but thereafter assigned his interest in that sale to Boise and, as a result, has not been an active party in this matter. Consolidated Papers, Inc. (Consolidated). Consolidated is a Wisconsin corporation doing business in Minnesota with its principal place of business at Wisconsin Rapids, Wisconsin. Consolidated’s principal product is enamel-coated paper like that used for Time. This is important because under the technology now employed at Consolidated’s mills, the production of such paper requires a recipe of about 50% aspen and 50% spruce. The evidence clearly showed that aspen, a hardwood, is the most abundant timber specie in northern Minnesota, especially in those areas outside of the BWCA, and that spruce and other softwood species are in relatively short supply. In order to meet its requirements for spruce during the first half of 1973, Consolidated plans to have about 14,000 cords of that specie cut this winter on six sales in the BWCA which it either owns or from which it is obtaining wood. Consolidated asserts that this wood is very important to it and that it would be substantially injured if logging were enjoined on any of those sales, although it admitted that none of its mills would be forced to close or even reduce operations in such event. In 1972, Consolidated’s total consumption of wood was 456,200 cords, of which 121,500 cords were spruce. This means that in 1973, the BWCA will be the source of about 2%% of its total wood requirements and about 10% ■ of its spruce requirements. It is thus clear that Consolidated procures most of its wood from sources other than its sales within the BWCA. Consolidated owns, or owns the cutting rights on, about 570.000 acres of land in areas relatively close to the BWCA, including about 46.000 acres in Minnesota. Consolidated estimates that there are 2,886,000 cords of all species of timber on such land which is mature enough to be cut for pulpwood purposes. Included in that total are about 1,608,000 cords of spruce. In Minnesota alone, Consolidated has about 77,000 cords of all species of timber and about 16,000 cords of spruce. Given these figures, the Court finds that Consolidated has sufficient sources of spruce which could be cut this winter to compensate for the loss of any spruce which it planned to have cut in the BWCA this winter due to any injunction issued by this Court. Therefore, the Court concludes that Consolidated would not be greatly injured if timber cutting were enjoined in the BWCA pending the completion of the impact statement by the Forest Service. However, the Court does find that Consolidated might be injured to the extent that it is forced to pay a somewhat higher price to obtain the remainder of the 14,000 cords of spruce it intended to procure from the BWCA. This possible increase in price might be due to either increase in transportation costs if wood must be brought in from a location farther from Consolidated’s mills than the BWCA or the increased costs of putting roads and other improvements into areas not planned for cutting this winter if the logger is able to pass such increased costs on to Consolidated. The Court also finds that Consolidated could remedy any injury which might otherwise befall its loggers on the various sales in the BWCA by providing them with other timber to cut on its own land or on the federal, state and county timber sales if. owns located outside the BWCA. The Northwest Paper Company (Northwest). Northwest is a Delaware corporation doing business in Minnesota, with its principal place of business at Cloquet, Minnesota. Northwest is a pulp and paper manufacturer that specializes in high grade printing and writing paper. It has paper and pulp mills in Cloquet and Brainerd, Minnesota, and directly employs about 2,000 people. Northwest requires a supply of about 280,000 cords of wood a year to fulfill its needs. Under present technology, the recipe for the production of the type of paper Northwest specializes in is 50% hardwood and 50% softwood. Since softwood is in somewhat short supply in northern Minnesota, Northwest is interested in its sales in the BWCA primarily for the softwoods they contain. In order to help meet its requirements for softwood during 1973, Northwest plans to have about 7,200 cords cut this winter on the two sales it owns in the BWCA. Northwest asserts that this wood is very important to it and that it would be injured if logging on either of its sales were enjoined, although it does admit that none of its mills would be forced to close or even to reduce operations in such event. The softwood that Northwest plans to obtain from sales within the BWCA this winter represents approximately 5% of its requirements for softwood for 1973. It is thus clear that Northwest procures most of its softwood from sources other than its sales within the BWCA. In Minnesota, these other sources include 240.000 acres of timberland, 20 federal timber sales, 36 state timber sales and 1 county timber sale, all owned by Northwest, on which there is, in total, about 707.000 cords of merchantable softwood. In addition, Northwest had an inventory of about 30,000 cords of softwood at its mills as of December 31, 1972. Given these figures, the Court finds that Northwest has sufficient other sources of softwood which could be cut this winter to compensate for the loss of any softwood that it planned to have cut in the BWCA this winter, due to any injunction issued by this Court. Therefore, the Court concludes that Northwest would suffer no substantial injury if timber cutting were enjoined in the BWCA pending the completion of the impact statement by the Forest Service. However, the Court does find that Northwest might be injured to the extent that it is forced to pay a somewhat higher price to obtain the remainder of the 7,200 cords of softwood it intended to procure from the BWCA. This possible increase in price might be due to either the increase in transportation costs if wood must be brought in from a location farther from Northwest’s mills than the BWCA or the increased costs of putting roads and other improvements into areas not planned for cutting this winter if the logger is able to pass such increased costs on to Northwest. The Court also finds that Northwest could remedy any injury which might otherwise befall the loggers on its sales within the BWCA by providing them with other timber to cut on its own land or on the federal, state and county timber sales it owns located outside the BWCA. Northern Forest Products, Ltd. (Northern). Northern is a Canadian corporation with its principal place of business at Thunder Bay, Ontario. Northern does not admit that it is doing business in Minnesota, but it has entered into contracts with Earle West, Jr. to take over the East Tofte Sale and with the St. Regis Paper Company to take over the West Tofte Sale and has subsequently entered into several agreements with the Forest Service in regard to those sales. Little evidence was introduced relating to Northern, and, in fact, no one testified directly on behalf of Northern. Mr. Fisher, the primary owner of North Shore which is Northern’s logger on the Tofte Sales, did testify but his testimony related mainly to North Shore’s position. Therefore, the Court is unable to make detailed findings of fact as to Northern and the nature of the injury, if any, which would result to it if timber cutting in the BWCA were enjoined pending the completion of the impact statement by the Forest Service. Kainz Logging Company (Kainz). Kainz is a partnership with its principal place of business at Ely, Minnesota. As compared to the other private defendants, Kainz is a very small entity in terms of assets, profits, number of employees, timber reserves, etc. In addition to this basic difference in size and wealth, Kainz’s principal business is the production of lumber, not the production of pulp or paper. The evidence showed that the timber required for the production of lumber must be larger and of a higher quality than that required for making paper. The finest saw wood is red, white and Norway pine of sufficient size, while spruce and jackpine is only sometimes of saw wood size and quality. Kainz owns no timberland itself, and so it must purchase federal, state or county timber sales which include some saw wood, although there is always some pulpwood included in such sales. Kainz cuts the saw wood itself finishes it into lumber at its sawmill in Ely, and then sells the lumber to various dealers. This process is the source of most of Kainz’s revenue. Kainz also cuts the pulpwood on its sales because the timber sale contracts generally require that all merchantable timber be cut. Since Kainz has no paper mill, it sells this pulpwood to various paper companies, including some of the private defendants in this action. The Court finds that Kainz could not remain a viable entity if it were forced to rely completely or largely on the sale of pulpwood. • Kainz plans to cut about 3,400 cords of high quality saw wood and about 2,500 cords of spruce pulpwood on the Beartrap Sale this winter. In addition to the Beartrap Sale, Kainz owns six federal timber sales in the Superior National Forest outside the BWCA and two state timber sales in the general vicinity of Ely. These eight sales contain a total of about 130 cords of high quality saw wood, slightly over 220 cords of lower quality saw wood and slightly less than 10,300 cords of aspen, jackpine and spruce pulpwood. The Court finds that Kainz needs at least the 3,400 cords of saw wood it planned to cut on the Beartrap Sale this winter in order to keep its lumber operation going. Since Kainz does not have sufficient alternative supplies of saw wood to make up the loss of this 3,400 cords, the Court further finds that if Kainz is enjoined from cutting timber on the Beartrap Sale and if alternative sources of such wood are not provided to it, it will be greatly injured, and may even be forced to go out of business The Court also finds that Kainz has sufficient alternative sources of pulpwood so that the loss of the 2,500 cords of pulpwood to be cut on the Beartrap Sale this winter would not cause it substantial injury. Boise Cascade Corporation (Boise). Boise is a Delaware corporation doing business in Minnesota, with its main place of business in Minnesota at International Falls. Boise owns a number of pulp and paper mills in northern Minnesota and one mill in Fort Francis, Canada, at which it employs a total of about 4,200 people. Boise will require a total supply of about 524,000 cords of wood in , 1973 of which about 233,000 cords must be softwood and about 291,000 cords must be hardwood. Since softwood is in somewhat short supply in northern Minnesota, Boise is interested in its sale in the BWCA primarily for the softwood it contains. In order to help meet its requirements for softwood in 1973, Boise plans to have about 1,800 cords cut this winter on the Shell Lake Sale. Boise maintains that this wood is very important to it ,and that it would be substantially injured if logging were enjoined on that sale, although it admits that none of its mills would be forced to close or even to reduce operations in such event. ■ The softwood that Boise plans to obtain from the Shell Lake Sale this winter represents less than 1% of its requirements for softwood for 1973. It is thus clear that Boise procures almost all of its softwood from sources other than its sale within the BWCA. These other sources include about 348,000 acres of timberland, 5 federal timber sales, 6 timber sales on Indian lands, 93 state timber sales, 39 county timber sales, and 11 private timber permits, all owned by Boise, on which there is, in total, about 1,401,000 cords of merchantable softwood. In addition, Boise had an inventory of about 36,000 cords of softwood at its mills as of January 15, 1973. Given these figures, the Court finds that Boise has sufficient other sources of softwood which could be cut this winter to compensate for the loss of any of the 1,800 cords of softwood, planned for cutting on the Shell Lake Sale this winter, due to any injunction issued by this Court. Therefore, the Court concludes that Boise would not be greatly injured if timber cutting were enjoined in the BWCA pending the completion of the impact statement by the Forest Service. However, the Court does find that Boise might be injured to the extent that it is forced to pay a somewhat higher price to obtain the 1,800 cords of softwood it intended to get from the BWCA. This possible increase in price might be due to either the increase in transportation costs if wood must be brought in from a location farther from Boise’s mills than the BWCA or the increased costs of putting roads and other improvements into areas not planned for cutting this winter if the logger is able to pass such increased costs on to Boise. The Court also finds that Boise could remedy any injury which might otherwise befall the logger on the Shell Lake Sale by providing him with other timber to cut on its own land or on the various timber sales it owns outside the BWCA. Loggers The private defendants, with the exception of Kainz Logging, do not cut the timber on their sales, but instead contract the cutting out to independent contractors, referred to as “loggers.” The logger generally enters into a contract with a paper company to purchase the stumpage for about the same price as the paper company purchased it from the Forest Service. The evidence showed that this price is generally in the range of $1.50 to $5.00 a cord. The logger then prepares the sale area for cutting by building roads, setting up a camp, etc., cuts the timber or subcontracts the cutting to another logger and hauls it himself or has another independent contractor haul it to the paper company’s mill or to a railhead from where it will be shipped to the mill. The evidence showed that the loggers are generally paid from $20.00 to $30.00 a cord at the point of delivery. The loggers, their employees, haulers and subcontractors make their living out of the $15.00 to $28.50 a cord difference in price. While none of the loggers are parties to this action, they are discussed in order to give a full picture of the local economy as it bears on the public interest. Following is a list of the loggers involved in the active sales in the BWCA: 1. Clarence Olson. Mr. Olson resides in Orr, Minnesota, owns $50,000 worth of equipment and is a logger for Boise on various federal and state timber sales it owns. He logged the Shell Lake Sale for Boise last winter with 11 employees, and was planning to employ about the same number this year in logging the remaining 1,900 cords of timber on that sale. Mr. Olson did not start cutting as planned because Boise agreed not to allow logging on this sale pending the Court’s decision. When Mr. Olson found out that he could not cut timber on the Shell Lake Sale for the time being, he and 7 employees began logging the Marion Bluffs Sale, a federal timber sale in the Superi- or National Forest outside the BWCA. The Marion Bluffs Sale contains mostly summer wood which Mr. Olson logged from May to December in 1972 with from 5 to 6 employees. About 7,800 cords of various species, but mostly aspen, remain on the Marion Bluffs Sale, and Mr. Olson believes that even if he logged that sale for the rest of the winter he would be able to continue logging it next summer. Therefore, the Court finds that Mr. Olson would not be greatly injured by an injunction proscribing logging in the BWCA pending the Forest Service’s new BWCA Management Plan and accompanying impact statement. 2. Art Nelson. Mr. Nelson resides in Togo, Minnesota, owns about $150,000 worth of equipment and does most of his logging for Northwest, either on his own land or on federal or state sales owned by Northwest. He was planning to cut about 4,200 cords of timber on 200 acres on the Sunnydale Sale this winter, but did not begin to do so after Northwest agreed to discontinue logging on this sale pending the Court’s decision. Mr. Nelson employed about 15 people last winter when he was logging on the part of the Sunnydale Sale that lies outside the BWCA and about the same number last summer, but was forced to lay off 11 employees when logging was discontinued on the Sunnydale Sale. He and his remaining 4 employees are now logging the Hunting Shack Sale, a federal timber sale in the Superior National Forest outside the BWCA owned by Northwest. The Hunting Shack Sale has about 4,800 cords of softwood remaining, but this is summer wood and Mr. Nelson testified that he would have little timber to cut this summer if he finished that sale this winter unless he could purchase a new federal, state or county timber sale, or obtain the cutting rights for other stumpage owned by Northwest. In addition to the Hunting Shack Sale, Mr. Nelson has a small amount of timber (about 500 cords) to cut on a federal timber sale he owns located in the Superior National Forest outside the BWCA, and on land he owns near Side Lake. The Court finds that Mr. Nelson will not be greatly injured by the injunction sought by plaintiff until this summer and that he will not be injured even then unless Northwest is unwilling to provide him with other timber to cut or if he is not able to purchase any other federal, state or county timber sales. S. Oscar Bergstrom. Mr. Bergstrom did not testify during the trial, and little evidence was introduced as to his position. John Cedergren, an employee of Northwest, did testify that Mr. Bergstrom only started logging the Jerry Creek Sale this winter when the former logger suddenly retired. He also testified that Mr. Bergstrom has sufficient timber which could be cut this winter so that he would not be greatly injured if logging on the Jerry Creek Sale was enjoined. 4. Leustek & Sons, Inc. (hereinafter referred to as Leustek) This corporation is principally owned by various members of the Leustek family and has its main place of business in Ely, Minnesota. It had its beginnings in the early 1940’s and it logged for the now defunct Tomahawk Timber Company on the old Tomahawk Sale from 1945 to 1965. In 1965 it started logging for Consolidated on the remnants of the Tomahawk Sale which include the present East Road Block, Compartment 38 Block and Trail Block Sales. Leustek is also Consolidated’s logger on the Old Road Sale. Leustek is the largest logging concern in Minnesota, owning about $1,000,000 worth of equipment and employing approximately 70 people. Leustek entered into a 5 year contract with Consolidated which is still in force and which provides that Consolidated must provide it with at least 10,000 cords of timber a year to cut. This contract allowed Leustek to invest in about $250,000 worth of new equipment. This winter, Leustek plans to finish logging the East Road Block Sale, the Compartment 38 Block Sale and the Trail Block Sale if possible. It does not plan to log the Old Road Sale this winter. In addition to its logging for Consolidated, Leustek also logs about 10,000 cords of timber a year for the Mosinee Paper Mill and owns four federal timber sales in the Superior National Forest outside of the BWCA, with a total of about 5,300 cords of timber. Leustek believes that it would have to lay off many of its employees if logging on Consolidated’s sales within the BWCA was enjoined, but, in any event, that this will occur after this winter because of the shortage and/or high cost of timber in St. Louis and Lake Counties. The Court finds that this belief is well founded unless Consolidated makes more timber available for it to cut or it is able to purchase any other federal, state or county timber sales. 5. North Shore Forest Products. (hereinafter referred to as North Shore) This is an entity which is largely owned by Harry Fisher and is located in Grand Marais, Minnesota. North Shore has logged for Northern, mainly on the Tofte Sales, since 1966. It owns about $125,000 worth of equipment, and has invested about $250,000 in logging roads on the Tofte Sales. North Shore employs 18 people full time, a few others part time and 5 haulers on the East Tofte Sale, and 3 subcontractors who have 6 employees and 2 haulers on the West Tofte Sale. Mr. Fisher testified that North Shore planned to cut' about 4,000 cords of timber on the East Tofte Sale and about 3,000 cords on the West Tofte Sale this winter. In addition to the East and West Tofte Sales, North Shore owns, or owns the cutting rights on, 4 federal timber sales in the Superior National Forest outside the BWCA and 2 state timber sales, with a total of about 8,000 cords of spruce and jackpine. In spite of these other sales, Mr. Fisher believes that North Shore would have to lay off many employees and that his subcontractors and haulers would have to do the same if logging on the Tofte Sales was enjoined. However, the Court finds that while North Shore might suffer some finaneial loss from such an injunction, no employees would have to be laid off because North Shore has sufficient alternative supplies of timber to make up for that lost. 6. Raymond Hahn. Mr. Hahn resides in Schroder, Minnesota and has logged for Consolidated for about 9 years. He owns about $250,000 worth of equipment for his logging operation and states that he must cut at least 10,000 cords of wood a year to make staying in business worthwhile. In addition, he manufactures and markets a tree harvesting machine that he invented, the “Hahn Harvester.” Mr. Hahn is presently logging the Black Spruce Sale and plans to finish it this winter by cutting the final 2,700 cords of timber. He employs 5 people on the sale and has hired a hauler who employs 4 people to truck out the wood. Mr. Hahn also employs 6 people in the production of the Hahn Harvester. In addition to being the logger on the Black Spruce Sale, Mr. Hahn owns the Cascade Sale in the Superior National Forest outside the BWCA and has a subcontract to cut a state sale. Together these two sales total a little over 1,375 cords of various species. Mr. Hahn believes that he would have to lay off most of his employees if logging on the Black Spruce Sale was enjoined, but that, in any event, he will' have to lay off some employees in the future because of the shortage of merchantable timber in Cook County. The Court finds that this belief is well founded unless Consolidated makes more timber available to Mr. Hahn to cut or he is able to purchase other federal, state or county timber sales. State Timber Sales In addition to the timber resources owned by the private defendants and loggers, there is timber available for cutting on state owned property that is located near the BWCA. The Staff Forester for Timber Sales for the State of Minnesota testified that since 1970, the state has put up 190 timber sales that have not yet been bid on. In the period from July 1, 1971 to June 30, 1972, the allowable cut on state owned lands in Cook, Lake and St. Louis counties was well over 10,000 acres, including both hardwood and softwood timber. However, the area actually cut in this period was only about 5,000 acres.. The results for the preceding fiscal year were similar, leaving thousands of acres of available timber uncut. Of course, there may be particular reasons as to why a given sale was not bid on, but the unmistakable conclusion to be drawn is that ther