ELR Citation: ELR 20130
No(s). 72-3606 (D. Haw. Dec 18, 1972)

An application for a stay of injunction pending appeal is denied in a suit to enjoin a highway project on the ground that the Secretary of Transportation failed to review and approve a final environmental impact statement. The court concludes that: (1) defendant is unlikely to succeed on the merits of the National Environmental Policy Act claim, (2) monetary loss does not constitute irreparable injury, and (3) the grant of stay would be harmful to the public interest. For the earlier opinion of this court, see 2 ELR 20648.

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

Michael R. Sherwood
Hart, Sherwood, Leavitt, Blanchfield & Hall
Suite 433 Dillingham Building
735 Bishop Street
Honolulu, HI 96813

Counsel for Defendants
Jon T. Miho Assistant United States Attorney
Room 320, Federal Building
Honolulu, HI 96813