Legal Opinion · Concurring in part, dissenting in part
State of Wisconsin, and County of Marquette, Michigan, Intervening v. Caspar W. Weinberger, Individually and as Secretary of the Department of Defense
Court of Appeals for the Seventh Circuit
Decided August 21, 1984No. 84-1569Published
1Concurring in part, dissenting in partCudahy, Circuit Judge
In my view, the district court correctly determined that the Navy abused its discretion and violated NEPA by failing to monitor new information concerning the potential environmental effects of Project ELF, and the court properly ordered the Navy to prepare a supplemental EIS. However, I agree that the district court erred when it refused to consider the countervailing equities in deciding to enjoin work on Project ELF. In light of those equities, an injunction is not warranted in this case; I therefore concur in the portion of the judgment reversing the injunction.
THE NEPA VIOLATION
In…
2Cases cited17 opinions
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
- Secretary of the Interior v. CaliforniaSupreme Court of the United States · 1984
- Weinberger v. Catholic Action of Hawaii/Peace Education ProjectSupreme Court of the United States · 1981
- Warm Springs Dam Task Force v. Lieutenant General William C. Gribble, Jr.Court of Appeals for the Ninth Circuit · 1980
- Realty Income Trust v. EckerdCourt of Appeals for the D.C. Circuit · 1977
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