Warm Springs Dam Task Force, Etc. v. Lieutenant General William C. Gribble, Jr., Etc.

The Warm Springs Dam Task Force (“the Task Force”) seeks an injunction pending appeal barring further work on the proposed Warm Springs Dam in Sonoma County, California, on the ground that the Environmental Impact Statement (“EIS”) prepared for the dam project by the Army Corps of Engineers fails to comply with the requirements of the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq. (1971). After three days of hearings, the district court rejected the Task Force’s motion for an injunction, finding that the challenged EIS fully complied with the NEPA, and it also rejected the Task Force’s motion for an injunction pending appeal. (Fed.Rules Civ.Proc., Rule 62(c); Fed.Rules App.Proc., Rule 8. )

The considerations in determining whether to grant or deny the requested relief are three-fold: (1) Have the movants established a strong likelihood of success on the merits? (2) Does the balance of irreparable harm favor the movants? (3) Does the public interest favor granting the injunction? (Alpine Lakes Protection Society v. Schlapfer (9th Cir. 1975) 518 F.2d 1089, 1090 .) As the Eighth Circuit has pointed out, the latter criteria merge into a single equitable judgment…