ELR Citation: ELR 21343
No(s). 90-1005 (1st Cir. Jun 26, 1990)

The court holds that the district court's interlocutory order reflecting the satisfaction of two of the three conditions to the discontinuance of a preliminary injunction halting development of a cargo terminal on Sears Island, Maine, is not appealable under 28 U.S.C. §1292(a)(1). The order did not "modify" the injunction, because it did not alter the extent of the injunction's prohibition. The order did not "continue" the injunction, because it did not alter the injunction's duration. The statute's purpose of allowing appeals of interlocutory orders in limited circumstances would not be served by granting the appeal.

[Previous decisions in this litigation are published at 19 ELR 20692, 20699, and 20931 and 20 ELR 20216. Related cases are published at 15 ELR 20911 and 16 ELR 20487.]

Counsel for Plaintiff/Appellant
Edward F. Lawson
Weston, Patrick, Willard & Redding
84 State St., 11th Fl., Boston MA 02109-2202
(617) 742-9310

Counsel for Defendants/Appellees
David C. Shilton, Michael J. Malmquist, Robert L. Klarquist
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Anthony C. Roth, John Quarles
Morgan, Lewis & Bockius
1800 M St. NW, Washington DC 20036
(202) 467-7000

Before CAMPBELL, Circuit Judge, ROSENN,^* Senior Circuit Judge, and SELYA, Circuit Judge.