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Show 903 48(3 FEDERAL BBPGBTlgE, 2d SERIES er it was to be an agency review or a de novo hearing. The other had to do with efforts of plaintiffs-appellees to discover government documents. The district court, 361 F.Supp. 78, filed the decision leading to the instant appeal on June 11, 1973. It again enjoined the Secretary of the Interior from terminating three of the helium purchase contracts. Although the Department had filed an impact statement the court ruled that it had failed to comply with the mandate of the National Environmental Policy Act of 1969; that the impact statement, if not deficient in scope, was essentially lacking in depth. \ At present, then, the primary issue before the court is whether the Department's impact statement or report was in accordance with the statutory stand- / ards and in accordance with this court's / mandate in the prior case. "^•» On the prior occasion and now the Secretary terminated the contracts pursuant to their express termination provisions, lie did so on the basis that the, helium program had been substantially carried out. The mentioned provisions authorize him to terminate when there has been a substantial diminution in helium requirements, discovery of large new helium resources or other changes of a similar nature.1 At the time that these contracts were entered into, the U.S. helium requirements amounted to 530 million cubic feet of helium per year. This require-ment increased in subsequent years, but commenced to decline in 1987 and has declined every year since so that in the year 1970 the demand had decreased to 400 million cubic feet. An average of 3.126 billion cubic feet of helium had been purchased each year. In the years 1971-72 the demand diminished in substantial amounts and all of the purchases have decreased, although they continue to be in excess of two billion cubic feet annually. During this entire purchase period the government through the Bureau of Mines had purchased enough helium to meet all of its needs and has not needed to use the purchased helium. Furthermore, the government believes that it has much more of a supply than can possibly be used between now and 2000. It is estimated that it is six times as much as will be needed. Following this court's decision the Interior Department proceeded at once to conduct a study leading to the preparation "and fifirig of an •environmental impact statement. The initial draft was submitted to interested parties, Includ-ing the plaintiffs, and comments were received. "TIiese~are included as part of £he report of the Department. The final environmental statementjyas_issued~No-vember 13,~1972. The hearing in the district cuurl consisted of a judicial review of the administrative record. It was not a trial de novo. (This was fr accordance with the adjudication of th;- court after the mentioned interlocutor} appeal.) The proceedings in the distr:.' court were extensive as to the compos - tion of, the administrative record Plaintiffs had full opportunity to ex press their views, and the court's op;-- ion was thorough and exhaustive. I. In our pi-ior opinion, 455 F.2d at 653, we said : Under the Act the Secretary is not required to purchase any helium. The entire matter is left to his discretion. In deciding to terminate the contract the Secretary stated that the basic purposes of the Act had been fulfilled, that is that the 25-year purchase program envisioned by the Act iva.s unnecessary because as oi the time of termination his estimates showed that there was enough helium in .storage to fulfill government requirements through li)Uo. The Secretary notified the companies on January 26, 1911, tba' contracts would be terminated ei't« March 27, 1071. In his letter he *'• that there had been a diminution hi. requirements of helium for essentia' crnmental activities, and that there been nesv discoveries since the exf,! of the contract, which discoveries hr.-- vided large sources of available Sen'1,- more of the gas "is required for *'^* government activities than is now n» age or will be recovered in fi°v,'r plants." |
