SIERRA CLUB v. MARSH

No. 90-1005.

907 F.2d 210 (1990)

SIERRA CLUB, Plaintiff, Appellant, v. John O. MARSH, Jr., etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 26, 1990.


Attorney(s) appearing for the Case

Edward F. Lawson, Boston, Mass., with whom Tybe A. Brett, Portland, Me., and Weston, Patrick, Willard & Redding, Boston, Mass., were on brief, for plaintiff, appellant.

David C. Shilton, Atty., Land and Natural Resources Div., U.S. Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Michael J. Malmquist and Robert L. Klarquist, Attys., Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., were on brief, for the federal defendants, appellees.

Anthony C. Roth, Washington, D.C., with whom Thomas G. Reeves, Augusta, Me., Chief Counsel, Maine Dept. of Transp., John Quarles, and Morgan, Lewis & Bockius, Washington, D.C., were on brief, for State of Me. Dept. of Transp., defendant, appellee.

Before CAMPBELL, Circuit Judge, ROSENN, Senior Circuit Judge, and SELYA, Circuit Judge.


SELYA, Circuit Judge.

This appeal marks the latest chapter in the encyclopedic saga chronicling the Sierra Club's challenge to Maine's development efforts on Sears Island, a 940-acre uninhabited land mass in upper Penobscot Bay. We find that the order appealed from — an order altering the conditions upon which a preliminary injunction was predicated but not affecting the operation of the injunction itself — does not fall within the purview

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