Natural Resources Defense Council, Inc. v. United States Department of the Interior

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Defendants-Appellees. No. 94-56748. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 5, 1995. Decided Jan. 26, 1995. Before: SCHROEDER, HALL and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Plaintiffs appeal from the district court's denial of a preliminary injunction halting construction of the San Joaquin Hills Transportation Corridor (the Tollroad). To prevail, they must show the district court abused its discretion in concluding that they failed to raise "sufficiently serious questions going to the merits to make them a fair ground for litigation." Friends of the Earth v. U.S. Navy, 841 F.2d 927 , 931, 933 (9th Cir.1988). Once a violation of the ESA is established, the balance of hardships tips heavily in favor of protected species. National Wildlife Fed'n v.…