SIERRA CLUB V. MORTON
405 U.S. 727, (1972)
NATURE OF THE CASE: This was an action to enjoin development of national park land.
Appealed from vacation of preliminary injunction.
FACTS: The land at issue was part of national forest in California. It is located in the
mountains and remained pristine, due largely to its inaccessibility. In the late 1960s, the
Forest Service (D) approved a development plan for the land. Under the plan, the land was to
be made into a ski resort. The Sierra Club (P) had been following the Forest Service's plan
to solicit bids for development of the land. Before bidding began, P unsuccessfully
attempted to get a public hearing on the plans, and had corresponded with Forest Service
officials to express their objections to the plan. Ultimately, P filed suit seeking a
declaratory judgment that the proposed development was in contravention of federal laws, as
well as injunctions preventing D from granting approval or issuing permits for development.
The District Court granted a preliminary injunction in P's favor. D appealed, claiming that
P did not have standing to sue, and that P did not make a sufficient showing of irreparable
injury and likelihood of success on the merits to justify the issuance of a preliminary
injunction. The Court of Appeals found in D's favor and reversed the District Court. P
appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment