Friends of the Earth, Inc. v. Coleman

518 F.2d 323 8 ERC 1617 , 5 Envtl. L. Rep. 20 ,428 FRIENDS OF THE EARTH, INC., et al., Plaintiffs-Appellants, v. William T. COLEMAN, Jr., Secretary of the United States Department of Transportation, et al., Defendants-Appellees, Greater San Francisco Chamber of Commerce et al., Amici Curiae. No. 74-3490. United States Court of Appeals, Ninth Circuit. May 28, 1975. William P. Hoffman, Jr., San Francisco, Cal., for plaintiffs-appellants. Jerome Cohen, Dept. of Justice, Washington, D. C., for defendants-appellees. Thomas A. Welch, of Brobeck, Phleger & Harrison, San Francisco, Cal., for amicus Greater San Francisco Chamber of Commerce. Darrell P. McCrory, of Monteleone & McCrory, Los Angeles, Cal., for amicus Stockton Steel Fabricators. OPINION Before MERRILL, WRIGHT and TRASK, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 This is an appeal from an order denying in part appellants' motion for preliminary injunction. On April 10, 1975, we issued an order affirming the district court, and vacating the temporary injunction pending appeal granted by this court January 22, 1975. We now consider the facts and legal principles on which that order was based. 2 This suit began as…