CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Plaintiffs, Appellants,
v.
Cecil D. ANDRUS, etc., et al., Defendants, Appellees,
Atlantic Richfield Company et al., Intervenors, Appellees.
COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellant,
v.
Cecil D. ANDRUS, etc., et al., Defendants, Appellees,
Atlantic Richfield Company, et al., Intervenors, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued November 5, 1979.
Decided November 6, 1979.
Attorney(s) appearing for the Case
Stephen Leonard, Chief, Asst. Atty. Gen., Environmental Protection Division, Boston, Mass., with whom Jose R. Allen, Asst. Atty. Gen., Environmental Protection Division, Francis X. Bellotti, Atty. Gen., Commonwealth of Massachusetts, Boston, Mass., Richard Cohen, Atty. Gen., State of Maine, and Cabanne Howard, Asst. Atty. Gen., Augusta, Maine, were on an application for an injunction pending appeal and memorandum in support thereof, for plaintiff, appellant, the Commonwealth of Massachusetts.
Douglas I. Foy, Boston, Mass., with whom Sarah M. Bates, Boston, Mass., was on an application for an injunction pending appeal and memorandum in support thereof, for plaintiffs, appellants, the Conservation Law Foundation of New England, Inc., et al.
Mary Ann Walsh, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Peter R. Steenland, Jr., William M. Cohen, Michael W. Reed, and Patricia Young, Attys., Dept. of Justice, Washington, D. C., were on memorandum in opposition to application for stay for defendants, appellees, Cecil D. Andrus, et al.
Allen P. Rubine, Deputy Atty. Gen., Providence, R. I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R. I., was on memorandum in opposition to application for stay for State of Rhode Island and Providence Plantations, J. Joseph Garrahy, Governor, intervenors, appellees.
E. Edward Bruce, Washington, D. C., with whom Mark D. Nozette, Boston, Mass., Covington & Burling, Washington, D. C., G. M. Moriarty, Ropes & Gray, Boston, Mass., J. Berry St. John, Jr., and Liskow & Lewis, New Orleans, La., were on memorandum in opposition to application for stay for Atlantic Richfield Co., et al., intervenors, appellees.
Before COFFIN, Chief Judge, and CAMPBELL, Circuit Judge.
United States Court of Appeals, First Circuit.
PER CURIAM.
Plaintiffs-appellants seek an injunction pending their appeal from a denial of a preliminary injunction of sale of oil and gas leases under Outer Continental Shelf, North Atlantic Oil and Gas Leases Sale No. 42, scheduled for November 6, 1979.
The district court made no explicit finding of irreparable harm, being willing to assume that if any irreparable harm were to be forthcoming, it would be immediate, in view of the court's uncertainty whether...
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