Jump to Navigation
Jump to Content

National Helium Corp. v. Morton

ELR Citation: 3 ELR 20660
Nos. No. 73-1169, 486 F.2d 995/(10th Cir., 04/10/1973) Remanding for trial on merits

In a case brought by helium suppliers resisting termination of their government contracts, the appeals court defers ruling on the government's request for immediate dissolution of a preliminary injunction against termination issued in 1971 because of noncompliance with NEPA, and orders expedited trial on the agency record. Despite defendant Secretary of the Interior's argument that speedy resolution is necessary because of costly expenditures for unneeded helium, the court states that the government's one-year delay in filing the EIS influences the court's decision to defer ruling for 30 days on the district court's refusal to dissolve the injunction. On remand, the court notes, judicial review should be on the basis of the administrative record of the termination action and not by trial de novo.

Counsel for Plaintiff
Robert L. Ackerly
Sellers, Conner & Cuneo
1625 K Street, NW
Washington, DC 20006

Counsel for Plaintiff-Intervenor
William H. Allen
Covington & Burling
888 Sixteenth Street, NW
Washington, DC 20006

Counsel for Defendant
Raymond D. Battocchi
Department of Justice
Washington, DC 20530