CONSERVATION LAW FOUNDATION, et al., Plaintiffs-Appellants,
v.
FEDERAL HIGHWAY ADMINISTRATION, et al., Defendants-Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard February 9, 1994.
Decided May 23, 1994.
Attorney(s) appearing for the Case
Stephen H. Burrington with whom Conservation Law Foundation, Molly Cochran, Sullivan & Worcester, John Marks and J. William W. Harsch were on brief, for appellants.
Thomas F. Holt, Jr. with whom Laura Grant Schwartz, William C. Nystrom and Kirkpatrick & Lockhart were on brief, for appellees Dante E. Boffi, Jr., in his official capacity as Director of the Rhode Island Dept. of Transp., and the Rhode Island State Planning Council.
William B. Lazarus, Atty., Dept. of Justice, with whom Lois J. Schiffer, Acting Asst. Atty. Gen., Edwin J. Gale, U.S. Atty., Michael P. Ionnotti, Asst. U.S. Atty., Mary Elizabeth Ward, Beverly Sherman Nash, and Jacques B. Gelin, Attys., Dept. of Justice, were on brief, for appellees Federal Highway Admin., Gordon G. Hoxie, in his official capacity as Div. Administrator for the Rhode Island Div. of the Federal Highway Admin., and Arthur E. Williams, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers.
Daniel R. Barney, Lynda S. Mounts, Ata Litigation Center, Steven S. Rosenthal, Nancy F. Goodman, and Morrison & Foerster on brief for American Trucking Associations, Inc., amicus curiae.
Before TORRUELLA, CYR and BOUDIN, Circuit Judges.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
Plaintiffs in this case appeal the denial of their motion for a preliminary injunction. The district court denied the injunction on the ground that the plaintiffs failed to show a likelihood of success on the merits of their underlying claims. See Narragansett Indian Tribe v. Guilbert,934 F.2d 4, 5 (1st Cir.1991). We review the district court's denial of the preliminary injunction "`under a relatively...
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