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STATE OF ALA. EX REL. SIEGELMAN v. U.S. E.P.A.

No. 90-7174.

925 F.2d 385 (1991)

STATE OF ALABAMA, ex rel., Don SIEGELMAN, Attorney General, and Guy Hunt, Don Siegelman, and Leigh Pegues, individually as citizens of the State of Alabama, Plaintiffs-Appellees, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and William K. Reilly, Administrator of the Environmental Protection Agency, Defendants-Appellants, Chemical Waste Management, Inc., Intervenor, State of Texas, Intervenor-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1991.

Attorney(s) appearing for the Case

Brian E. Berwick, Asst. Atty. Gen., Environmental Protection Div., Austin, Tex., for State of Tex.

James Eldon Wilson, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., David C. Shilton, Robert L. Klarquist, U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for Federal Defendants: E.P.A., et al.

Martha P. Boyd, Marshall Timberlake, John P. Scott, Jr., Balch & Bingham, Birmingham, Ala., Richard C. Kneisel, Asst. Atty. Gen., Montgomery, Ala., for State of Ala., Guy Hunt, Siegelman and Pegues.

Before COX and BIRCH, Circuit Judges, and GIBSON, Senior Circuit Judge.

BIRCH, Circuit Judge:

This appeal involves interpretation of Fed.R.Civ.P. 65(c) ("Rule 65(c)"), which requires an applicant for injunctive relief to post a security bond to cover "payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained." Appellees, the State of Alabama and three individual plaintiffs who are Alabama citizens (hereinafter "Alabama"), obtained preliminary and permanent...

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