ELR Citation: ELR 21046
No(s). LV81-187 RDF (D. Nev. Apr 20, 1981)

The district court denies plaintiff's motion for a preliminary injunction barring the Air Force from conducting nonnuclear test explosions in Nye County, Nevada, relating to the MX missile system until it complies with the National Environmental Policy Act. Defendants, after completing an environmental assessment, concluded that the test explosions did not require preparation of an environmental impact statement. The court rules that plaintiff failed to establish a strong likelihood of success on the merits or that it would suffer irreparable harm if preliminary relief were denied. In contrast, defendants would suffer irreparable harm if the tests were postponed.

Counsel for Plaintiff
Robert R. Hager
737 Humboldt St., Reno NV 89509
(702) 329-8242

Daniel P. Sheehan
1324 N. Capitol St., Washington DC 20002
(202) 797-8106

Counsel for Defendants
Steven A. Herman, Ezra D. Rosenberg
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5391

Byron D. Baur
Office of the General Counsel
Secretary of the Air Force, Washington DC 20330
(202) 697-1806