Alpine Lakes Protection Society v. Schlapfer

OPINION

Before KOELSCH and HUFSTE-DLER, Circuit Judges. PER CURIAM:

Appellants’ motion for injunction pending appeal is denied.

Although the important congressional policy expressed in the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., has been said to weight the scale in favor of those seeking the suspension of all action until the Act’s requirements are met (see, e. g., Lathan v. Volpe (9th Cir. 1971) 455 F.2d 1111, 1116-17), the unusual circumstances in this case call for an individual weighing of the equities according to the traditional three-factor test: (1) Are the…