Sierra Club v. Rogers C. B. Morton, Secretary of the United States Department of the Interior

509 F.2d 533, 166 U.S. App. D.C. 200, 5 Envtl. L. Rep. (Envtl. Law Inst.) 20155, 1975 U.S. App. LEXIS 16786

Opinions

ORDER

PER CURIAM.

On consideration of appellants’ motion for a limited injunction pending appeal, and it appearing from the Secretary’s answer to Plaintiffs’ Revised Supplemental Interrogatory No. 31 that the Secretary is in the process of approving or disapproving the mining plans and railroad rights-of-way set forth in the Eastern Powder River Coal Basin Environmental Impact Statement and that such an injunction is required to maintain the status quo pending disposition of this appeal, it is

Ordered by this court that the aforesaid motion is granted, and it is

Further ordered by this court that the Secretary of the Interior take no action concerning the mining plans and railroad rights-of-way set forth in the Eastern Powder River Coal Basin Environmental Impact Statement pending further order of this court.

Circuit Judge MacKINNON dissents for the reasons set forth in his attached opinion.