The opinion of the court was delivered by: LYNCH
EUGENE F. LYNCH, UNITED STATES DISTRICT JUDGE
Plaintiff, Chemicals for Research and Industry, Inc. ("CFRI"), has initiated the above-captioned action challenging the constitutionality of certain actions taken by defendants
as well as challenging the constitutionality of a 1988 amendment to section 310 of the Chemical Diversion and Trafficking Act ("the CDTA"), 21 U.S.C. § 830(b), or in the alternative, the constitutionality of defendants' interpretation and application thereof. Plaintiff, in its complaint, prays for declaratory and injunctive relief.
On April 12, 1991, plaintiff moved the Court for a preliminary injunction that would rescind certain actions taken by defendants and enjoin defendants from repeating or taking certain actions in the future. For the reasons stated below, the Court grants plaintiff's motion for preliminary injunction and orders preliminary injunctive relief as set forth below.
II. STANDARDS FOR ISSUANCE OF PRELIMINARY INJUNCTION
In order to determine whether a preliminary injunction shall issue, the Court must make two inquiries. First, the Court must inquire as to whether plaintiff might suffer irreparable injury if the Court fails to issue a preliminary injunction. United States v. Odessa Union Warehouse Co-op., 833 F.2d 172, 174 (9th Cir. 1987). Second, the Court must inquire as to whether plaintiff will probably succeed on the merits. Id. If the Court determines that plaintiff might suffer irreparable injury if the Court fails to issue a preliminary injunction and the Court determines that plaintiff will probably succeed on the merits, the Court shall issue a preliminary injunction.
The Court addresses each of these inquiries in turn.
A. Possibility of Irreparable Injury
The Court finds that there is a good possibility that plaintiff will suffer irreparable injury if a preliminary injunction does not issue. Plaintiff has submitted evidence from which one may infer that plaintiff will lose sales if a preliminary injunction does not issue.
Moreover, plaintiff contends that it is barred by applicable case law from seeking monetary damages. Defendants, without conceding that plaintiff has suffered or will suffer damages, agrees that if plaintiff has suffered or were to suffer damages, plaintiff would be barred from seeking monetary damages. Since monetary damages do not appear to be a remedy that is available to plaintiff, the Court has little difficulty in finding that plaintiff might suffer irreparable injury if an injunction does not issue.
B. Probability of Success on the Merits