Northern Alaska Environmental Center v. Donald P. Hodel, and Alaska Miners Association, Defendants-Intervenors-Appellants

This litigation arises £rom the clash of the differing interests of the National Park Service (NPS), miners and environmentalists over mining in Alaska’s national parks. We must decide whether the district court abused its discretion in entering a preliminary injunction which effectively barred mining after the 1985 season until proper environmental analyses are performed. We hold that it did not.

ISSUES

BACKGROUND

On May 8, 1985, the Northern Alaska Environmental Center, the Denali Citizens Council and the Sierra Club (collectively “NAEC”) sued to restrain the NPS from approving mining plans and access permits in Alaska’s national parks until complying fully with the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 -70a, and NPS regulations implementing the Mining in the Parks Act, 16 U.S.C. §§ 1901-12 . NAEC moved for a preliminary injunction, and the government moved to join all miners having approved or pending operations plans.

The court denied the joinder motion and granted a preliminary injunction. It required the NPS to: (1) prepare environmental assessments before approving any further mining plans; (2) cease using its temporary approval authority without…