Environmental Defense Fund, Inc. v. Andrus, 80-4322

Decision Date31 July 1980
Docket NumberNo. 80-4322,80-4322
PartiesENVIRONMENTAL DEFENSE FUND, INC., a nonprofit New York Corporation, Sierra Club, Society for California Archaeology, Environmental Traveling Companions, Friends of the River and Californians for Preservation Action, Plaintiff/Appellants, v. Cecil D. ANDRUS, Secretary of the Interior of the United States, et al., Defendant/Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Robert B. Thum, San Francisco, Cal., for plaintiff/appellants.

Francis M. Goldsberry, II, Sacramento, Cal., Thomas J. Shephard, Stockton, Cal., for defendant/appellees.

Before BROWNING, CHOY and FARRIS, Circuit Judges.

ORDER

Appellees' motion to dismiss the appeal is denied. The denial of a request for a temporary restraining order is appealable where, as here, the denial followed a full adversary hearing and, in the absence of review, the appellants would be effectively foreclosed from pursuing further interlocutory relief. In such cases the denial of the temporary restraining order is tantamount to the denial of a preliminary injunction. See Levesque v. Maine, 587 F.2d 78 (1st Cir. 1978).

Because important public policy issues are involved and time is of the essence, we exercise our option under Fed.R.App.P. 2 to suspend the normal requirements of appellate procedure and reach the merits of this appeal. Our sole inquiry on review is whether the district court abused its discretion in denying relief. Miss universe, Inc. v. Flesher, 605 F.2d 1130, 1133 (9th Cir. 1979). Although the matter is not entirely free from doubt, we are not prepared to say the district court abused its discretion or erred as a matter of law in concluding that appellants' showing of probable success on the merits was insufficient to entitle them to preliminary injunctive relief.

This court's stay order of June 26, 1980, is hereby vacated and the cause affirmed.

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14 cases
  • Royal Dynasty, Inc. v. Chin, 93-P-176
    • United States
    • Appeals Court of Massachusetts
    • August 18, 1994
    ...motion for a preliminary injunction and, through that device, afford the trial court a second look. See Environmental Defense Fund, Inc. v. Andrus, 625 F.2d 861, 862 (9th Cir.1980), and Religious Technology Center, Church of Scientology Intl., Inc. v. Scott, 869 F.2d 1306, 1308 (9th Appeal ......
  • Ware v. U.S. Parole Com'n, 92-55355
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 27, 1993
    ...Motors, 805 F.2d 1386, 1388 (9th Cir.1986), cert. denied 484 U.S. 815 (1987); see also Environmental Defense Fund, Inc. v. Andrus, 625 F.2d 861, 862 (9th Cir.1980) (denial of TRO tantamount to denial of preliminary injunction and, therefore, If the Commission issues a valid parole violation......
  • Kidd v. Department of Corrections, 93-35151
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 12, 1993
    ..."tantamount to the denial of a preliminary injunction." Religious Tech. Ctr., 869 F.2d at 1308 (quoting Environmental Defense Fund, Inc. v. Andrus, 625 F.2d at 861, 862 (9th Cir.1980)). In Andrus, we held that the denial of a TRO was tantamount to the denial of a preliminary injunction wher......
  • J.G. v. Hawai`i, 17-17190
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 27, 2018
    ...Religious Tech. Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989) (quoting Envt'l Def. Fund, Inc. v. Andrus, 625 F.2d 861, 862 (9th Cir. 1980)), or if the denial "effectively decided the merits of the case," Graham v. Teledyne-Cont'l Motors, 805 F.2d 1386......
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