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V. FIRST CLAIM FOR RELIEF <br />NEPA <br />23. Plaintiffs incorporate herein by reference the <br />allegations of paragraph 1 -22 above. <br />24. Defendant Rupp's decision and issuance of any <br />Stage II occupancy documents is a major Federal action <br />significantly affecting the environment. <br />25. Defendants are attempting to proceed in violation <br />of the procedural and substantive mandates of NEPA and the <br />regulations promulgated thereunder. <br />26. Defendants have failed to comply with the <br />procedural requirements of 40 C.F.R. 551500 et seq. which <br />mandate the procedure for all Federal agencies in making <br />decisions involving a major Federal action significantly <br />affecting the human environment. These violations include: <br />(a) failure to address cumulative effects of <br />related projects in the same geographical area as the project <br />under review, 40 C.F.R. 51502(a); <br />(b) failure to verify information prior to <br />inclusion in the Environmental Impact Statement, 40 C.F.R. <br />5"1506.5; <br />(c) failure adequately to identify and analyze <br />effects on wetlands, 40 C.F.R. §5230 et seq.; <br />(d) failure to include in the Environmental Impact <br />Statement "adverse environmental effects which cannot be <br />avoided" would the project be implemented, 43 U.S.C. <br />54332(c)(ii); <br />(e) failure to issue a supplement after receipt of <br />significant new information on available and considerably less <br />expensive groundwater and aquifer water, both of which are <br />relevant to and, if adopted in lieu of Stage II, would <br />eli-- inat_e the environmental concerns and bearing on the <br />projecr's merits. 40 C.F.R. 51502.9 (c)(ii). <br />27. Pursuant to NEPA Plaintiffs are entitled to this <br />judicial review, and this Court is required (a) to reverse the <br />-9- <br />