ELR Citation: ELR 20190
No(s). 72-3649 (D. Haw. Jan 19, 1973)

In continuing to enjoin the Department of Defense (for issuance of injunction see 2 ELR 20739) from further Pacific Cratering Experiments on Enewetak Atoll, the court holds that Congress intended to include the Trust Territory under the coverage of the National Environmental Policy Act and that residents of Enewetak Atoll have standing to bring this suit. The court includes all tests within the scope of the preliminary injunction to ensure that federal agencies undertake an objective evaluation of environmental factors and give proper weight to ecological considerations.

Counsel for Plaintiffs
Theodore R. Mitchell
Edward C. King
James E. Duggan
Central Office, Micronesian Legal Services Corp.
Saipan, Mariana Islands 96950

Dennis F. Olsen
Hamlet J. Barry III
Marshall's Office
Micronesian Legal Services Corp.
P.O. Box 376
Majuro, Mashall Islands 96950

Boyce R. Brown, Jr., Esq.
Mattoch, Edmunds, Kemper & Brown
Suite 1401, 841 Bishop Street
Honolulu, HI 96813

Counsel for Defendants
Robert K. Fukuda, Esq. United States Attorney
Jon T. Miho, Esq. Assistant U.S. Attorney
Honolulu, HI 96813