COM. OF MASS. v. ANDRUS

Civ. A. Nos. 78-0184-MC, 78-0186-MC.

481 F.Supp. 685 (1979)

COMMONWEALTH OF MASSACHUSETTS, Plaintiffs, v. Cecil D. ANDRUS, Secretary, United States Department of the Interior, Juanita Kreps, Secretary, United States Department of Commerce, Defendants, Atlantic Richfield Company et al., Defendant-Intervenors. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Plaintiffs, v. Cecil D. ANDRUS, Secretary, United States Department of the Interior, Juanita Kreps, Secretary, United States Department of Commerce, Richard A. Frank, Administrator, National Oceanic and Atmospheric Administration, Defendants, Atlantic Richfield Company et al., Defendant-Intervenors.

United States District Court, D. Massachusetts.

November 5, 1979.


Attorney(s) appearing for the Case

Jose R. Allen, Asst. Atty. Gen., Boston, Mass., Irwin L. Schroeder, William B. Morrison, John J. Zimmerman, Asst. Attys. Gen., Bruce C. Rashkow, Resources Division, Dept. of Justice, Washington, D.C., for plaintiffs.

Kenneth P. Nasif, Boston, Mass., for defendants Andrus and Kreps.

Harrison A. Fitch, New England Legal Foundation, Boston, Mass., for Greater Boston Chamber of Commerce, N.E. Council, Greater Providence Chamber of Commerce, New Bedford Chamber of Commerce.

Edward L. Selgrade, Mass. Office of Energy Resources, Boston, Mass., amicus curiae for Gov. King.

Edward F. Bradley, Jr., Tupper & Bradley, Boothbay Harbor, Me., for intervenor City of New Bedford.

E. Edward Bruce and Mark D. Nozette, Covington & Burling, Washington, D.C., J. Berry St. John, Jr., Liskow & Lewis, New Orleans, La., G. Marshall Moriarty and John C. Kane, Jr., Ropes & Gray, Boston, Mass., for intervenor-defendant Atlantic Richfield Co. et al.

Douglas I. Foy, Boston, Mass., for Conservation Law Foundation of New England, Inc.


STATEMENT OF REASONS FOR DENIAL OF REQUEST FOR PRELIMINARY INJUNCTION

McNAUGHT, District Judge.

The plaintiffs have asked that the court enjoin the defendant, Cecil D. Andrus, Secretary of the Interior, from receiving or opening bids for Outer Continental Shelf Lease Sale 42, scheduled for November 6, 1979 in the State of Rhode Island.

The matter came on for hearing on both the request for a preliminary injunction and on cross-motions for summary...

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