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Sierra Club v. Morton

Citation: 2 ELR 20576
No. No. 51464, 348 F. Supp. 219/4 ERC 1561/(N.D. Cal., 09/12/1972) Motion to dismiss complaint denied

The decision of a trial court or an appellate court, denying a preliminary injunction partially on the grounds that plaintiffs were not likely to prevail on the merits, does not so establish the "law of the case" as to estop either the parties or the court from proceeding with the case on its merits. Defendants' actions in soliciting bids and issuing certain preliminary survey permits have raised the issue of compliance with the National Environmental Policy Act, despite the fact that no construction has commenced, nor construction permits been issued. The suit to restrain the commercial development of the Mineral King area in Sequoia National Forest may proceed on the merits. (For previous Supreme Court decision in this case, see 2 ELR 20192).

Counsel for Plaintiffs
Leland R. Selna, Jr.
Matthew P. Mitchell
Feldman, Waldman & Kline
2700 Russ Building
235 Montgomery St.
San Francisco, California 94104

Counsel for Defendants
James L. Browning, Jr.
U.S. Attorney
450 Golden Gate Ave.
San Francisco, California 94102