COM. OF MASS. v. ANDRUS

Nos. 78-1036, 78-1037.

594 F.2d 872 (1979)

COMMONWEALTH OF MASSACHUSETTS et al., and Conservation Law Foundation of New England, Inc., et al., Plaintiffs, Appellees, v. Cecil D. ANDRUS et al., Defendants, Appellants, Atlantic Richfield Company et al., Intervenors. COMMONWEALTH OF MASSACHUSETTS et al., and Conservation Law Foundation of New England, Inc., et al., Plaintiffs, Appellees, v. Cecil D. ANDRUS et al., Defendants, Atlantic Richfield Company et al., Intervenors, Appellants.

United States Court of Appeals, First Circuit.

Decided February 20, 1979.


Attorney(s) appearing for the Case

Peter R. Steenland, Jr., Atty., Dept. of Justice, Washington, D.C., with whom James W. Moorman, Asst. Atty. Gen., John J. Zimmerman, Bruce C. Rashkow, Irwin L. Schroeder, and William B. Morrison, Attys., Dept. of Justice, Washington, D.C., were on brief, for federal defendants-appellants.

E. Edward Bruce, Washington, D.C., with whom Mark D. Nozette, Covington & Burling, Washington, D.C., J. Berry St. John, Jr., Liskow & Lewis, New Orleans, La., G. Marshall Moriarty and Ropes & Gray, Boston, Mass., were on brief, for defendants-appellants Atlantic Richfield Co., et al.

Douglas I. Foy, Boston Mass., with whom Sarah M. Bates, Cambridge, Mass., and Sarah Chasis, New York City, were on brief, for plaintiffs-appellees Conservation Law Foundation of New England, Inc., et al.

Stephen M. Leonard, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Charles Corkin, II, Chief Asst. Atty. Gen., Jose R. Allen and Frank A. Gaynor, III, Asst. Attys. Gen., Environmental Protection Division, Boston, Mass., were on brief, for appellees Commonwealth of Massachusetts, et al.

Harrison A. Fitch and Peter D. Kinder, Boston, Mass., on brief for amicus curiae, New England Legal Foundation, New England Council for Economic Development, The Boston Chamber of Commerce, The New Bedford Chamber of Commerce, The Greater Providence Chamber of Commerce and Mayor John A. Markey, New Bedford, Mass., on behalf of the City of Bedford, Massachusetts.

Emilie Benoit, Legal Counsel, and Allen P. Rubine, Spec. Asst. Atty. Gen., Providence, R.I., on brief for amicus curiae, The State of Rhode Island, J. Joseph Garrahy, Governor.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, MURRAY, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

The Commonwealth of Massachusetts and various conservation groups filed suit in the district court on January 19, 1978, seeking to enjoin the Secretary of the Interior from proceeding with the proposed sale of leaseholds in the Outer Continental Shelf off the coast of New England, styled OCS Sale No. 42. The Secretary had scheduled the opening of bids to take place on January 31. At the end of the day on Saturday, January 28, 1978...

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