ELR Citation: ELR 20532
No(s). s. 71-1869, Misc. 3717 (D.C. Cir. Nov 3, 1971)

Plaintiffs motion for summary reversal and stay of the district court's order denying a preliminary injunction of an underground nuclear explosion (Project Cannikin) on Amchitka Island is denied, although substantial doubt exists as to the adequacy of the Commission's impact statement under NEPA, because the issue is too complex to resolve in the short time period available. Further, the potential harm to national security and foreign policy which might result from postponement of the test outweighs the existing evidence of possible harm to the environment. Plaintiffs' motion for leave to appeal the interlocutory order of the district court withholding certain documents from discovery is denied, because the detonation of the warhead will not moot the issue of AEC compliance with NEPA. That determination can best be made following the trial court's final disposition of the case.

Counsel for Plaintiffs:
David Sive
Winer, Newberger and Sive
445 Park Avenue
New York, NY 10017
(212) 421-2150

Harold P. Green
Suite 1000
The Watergate Six Hundred
600 New Hampshire Ave., NW
Washington, DC 20037
(202) 965-9400

Counsel for Defendants:
Shiro Kashiwa Assistant Attorney General
Thomas McKevitt
Peter R. Steenland Attorneys
Department of Justice
Washington, DC 20530
(202) 739-2701

Before BAZELON, Chief judge, and LEVENTBAL and ROBINSON, Circuit Judges.