Friends of the Earth, Inc. v. Claude S. Brinegar

PUBLISHED ORDER

Appellants are a non-profit environmental organization and thirteen individuals who live near the San Francisco International Airport. They seek to compel preparation of an environmental impact statement for the airport’s expansion program, contending that such a statement is required by the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. Specifically, appellants seek to enjoin certain federal officials from committing any more funds to the airport’s expansion program and the City of San Francisco from further constructing a parking garage and a new terminal until an impact statement is prepared. The district court issued a preliminary injunction against the federal officials but declined to enjoin construction of the new terminal and garage, concluding that these projects were not part of the overall expansion program and would not have a substantial environmental impact.

Appellants appealed from the denial of a preliminary injunction against the city. On January 22, 1975, we granted appellants’ motion for an injunction pending appeal. However, we remanded the case to the district court to determine whether appellants should be required to…