James River Flood Control Ass'n v. Watt, s. 82-1619

• Decision Date: 17 June 1982
• Docket Number: Nos. 82-1619,82-1629,s. 82-1619
• Citation: 680 F.2d 543
• Parties: , 12 Envtl. L. Rep. 20,757 JAMES RIVER FLOOD CONTROL ASSOCIATION; Raymond Braun; Alfred Locken; William Oliver, Appellees, v. James WATT, Secretary, United States Department of Interior, both individually and in his official capacity; Cliff Barrett, Acting Commissioner, Water and Power Resources Service, both individually and in his official capacity; D. L. Krull, Project Manager, Water and Power Resources Service, both individually and in his official capacity, Appellants. Board of Directors, Garrison Diversion Conservancy District, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 543

680 F.2d 543

18 ERC 1239, 12 Envtl. L. Rep. 20,757

JAMES RIVER FLOOD CONTROL ASSOCIATION; Raymond Braun; Alfred Locken; William Oliver, Appellees, v. James WATT, Secretary, United States Department of Interior both individually and in his official capacity; Cliff Barrett, Acting Commissioner, Water and Power Resources Service, both individually and in his official capacity; D L. Krull, Project Manager, Water and Power Resources Service, both individually and in his official capacity, Appellants Board of Directors, Garrison Diversion Conservancy District Appellant.

Nos. 82-1619, 82-1629.

United States Court of Appeals, Eighth Circuit.

June 17, 1982.

Murray Sagsveen, Asst. Atty. Gen., Zuger & Bucklin, Bismarck, N. D., for Garrison Diversion Cons. Dist.

Thomas E. Klinkel, Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, S. D., for appellees.

Charles Dayton, Pepin, Dayton, Herman, Graham & Getts, Minneapolis, Minn., for amicus, Nat. Audubon Soc.

Martin W. Matzen, Atty., Appellate Section, Land & Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for Federal appellants.

ORDER

Before LAY, Chief Judge, and BRIGHT and JOHN R. GIBSON, Circuit Judges.

PER CURIAM.

James Watt, Secretary, United States Department of Interior, et al. (the United States) and the board of directors of the Garrison Diversion Conservancy District (the Conservancy District) move this court for a stay pending appeal of the preliminary injunction entered at the request of the James River Flood Control Association (the Association). ¹ We grant the motions.

On May 18, 1982, the district court entered a preliminary injunction barring acquisition of land and construction in the West Oakes area of North Dakota pending the outcome of proceedings on the Association's complaint regarding the inadequacy of the Environmental Impact Statement for the Garrison Diversion Unit, and related claims. The preliminary injunction effectively barred construction of the Oakes Pumping Station, a portion of the Garrison Diversion Unit in North Dakota. Both the United States and the Conservancy District moved the district court for a stay pending appeal. By order dated May 20, 1982, the district court denied the United States' motion without comment. ² Both parties then moved this court for a stay pursuant to Fed.R.App.P. 8(a).

The party seeking a stay pending appeal must show (1) that it is likely to succeed on the merits; (2) that it will suffer irreparable injury unless the stay is granted; (3) that no substantial harm will come to other interested parties; and (4) that the stay will do no harm to the public interest. Chicago Stadium Corp. v. Scallen, 530 F.2d 204, 207 n.2 (8th Cir. 1976). The appellants have met their burden.

Initially, we observe that the district court's order does not comply with the requirements of Fed.R.Civ.P. 52(a), which directs the district court to find facts specially and state separately its conclusions of law in granting or denying a preliminary injunction. See Fed.R.Civ.P. 52(a). The order issued in this case applies in a conclusory manner the requirements for granting a preliminary injunction set forth by this court in Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109, 114 (8th Cir. 1981) (en banc). The order contains no support...