The People of Enewetak v. Laird

Civil No. 72-3649 (D. Haw. October 5, 1972)

The Pacific Cratering Experiments are preliminarily enjoined for failure to comply with the National Environmental Policy Act of 1969 (NEPA) which requires the filing of a final approved environmental impact statement.

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, Marshall Islands 96950

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

Counsel for Defendants
Robert K. Fukuda, Esq. United States Attorney
District of Hawaii
By Jon T. Miho, Esq. Assistant U.S. Attorney

[2 ELR 20740]

King, J.

PRELIMINARY INJUNCTION

This matter having been heard upon the plaintiffs' Motion For Preliminary Injunction; the Court having considered briefs and arguments of counsel and the verified complaint and affidavits filed heretofore; the Court having found that the defendants have not filed an approved final environmental statement for the project known as Pacific Cratering Experiments, as required by the National Environmental Policy Act of 1969; and it otherwise appearing necessary and proper to maintain the status quo until the plaintiffs' claims can be heard and determined at a trial on the merits,

IT IS THEREFORE ORDERED that the defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise, are enjoined from continuing any actions or activities in furtherance of the Pacific Cratering Experiments on Enewetak Atoll, Marshall Islands, Trust Territory of the Pacific Islands, including but not limited to, excavation of land, reef or beach areas, core drilling, detonation of explosives of any kind, clearing of vegetation and construction of roads.

This order will remain in effect until the final determination of this case after a trial on the merits.

It is further ordered that plaintiffs' bond in the amount of five dollars ($5.00) heretofore filed as security for payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined, shall be continued.