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33. Defendants will suffer no harm or other economic <br />loss from the issuance of injunctive relief. <br />39. Plaintiffs have no adequate remedy at law. <br />40. Plaintiffs will suffer immediate irreparable injury <br />in the absence of injunctive relief. The action sought to be <br />enjoined allows construction to commence in important habitat <br />for wildlife, significant fisheries, and wilderness type <br />ecosystems, causing irreversible damage. <br />VIII. FOURTH CLAIM FOR RELIEF <br />Declaratory Judgment <br />41. Plaintiffs incorporate herein by reference the <br />allegations of paragraphs 1 -40 above. <br />42. Federal Defendants have acted arbitrarily and <br />capriciously in their abuse of their discretion, and otherwise <br />not in accordance with law. The violations of law include: <br />(a) violations, procedurally and substantively, of <br />�vEPA and the regulations promulgated thereunder; <br />(b) improper issuance of use authorizations or <br />other rights pursuant to FLPMA; <br />(c) arbitrary and capricious reliance on a <br />recission by Defendant USFWS of a jeopardy opinion,issued <br />pursuant to their :mandate under the ESA.and improper issuance <br />of, instead, a letter purporting to serve as a no jeopardy <br />opinion regarding the impact of the Federal authorization of <br />the Stage II project; <br />(d) violation of Wyoming, Colorado and Federal -law <br />in the Upper Colorado River Compact, Article XI, by permitting <br />transbasin diversion of water out of the basin in violation of <br />Article XI(b)(2)(e); <br />(e) arbitrary and capricious reliance on <br />statements by the C3PU as to the need to divert waters to the <br />Mort. Platte River to replace raters taken by the C3PU for <br />municipal use -which need does not exist because yrticle X of <br />the decr -ee of the Supreme Court of the United States in State <br />of lebraska v. State of '.1yoming, 325 U.S. 663 ( 1945) , <br />