ELR Citation: ELR 20192
No(s). s. 78-1036, -1037 (1st Cir. Jan 30, 1978)

On an emergency appeal from the preliminary injunction issued in Massachusetts v. Andrus, 8 ELR 20187 (D. Mass. Jan. 28, 1978), the First Circuit declines to reverse the district court's ruling and thereby reinstate the outer continental shelf oil and gas lease sales which had been scheduled for the following day. The court is unable to find that the district court was manifestly incorrect in ascribing to the Secretary of the Interior a fiduciary relationship to Georges Bank fishing resources under the Outer Continental Shelf Lands Act. Similarly, the trial court's ruling as to the irreparability of the harm in proceeding with the sale as well as its finding that the environmental impact statement was deficient in failing to address the issue of potential marine sanctuary designation cannot be said to be a reversible error without a full hearing on the merits.

Counsel are listed at 8 ELR 20187.