What is the effect of a preliminary injunction issued by a federal district court on an application by the State of Idaho seeking to terminate the application of an environmental impact statement?

MultiRegion, United States of America

The following excerpt is from Public Service Co. of Colorado v. Batt, 67 F.3d 234 (9th Cir. 1995):

Having accepted the parties' stipulated amendment to the termination clause contained in the June 28, 1993 agreement, the district court was required to respond to Idaho's question concerning the continuing force of the June 28, 1993 injunction by explaining that it expired by its own terms on June 1, 1995. Because the court's May 19, 1995 order is not supported by any showing or findings that Idaho's challenge to the environmental impact statement would succeed, or that there are serious questions about its validity, the district court abused its discretion in modifying the December 22, 1993 amended injunction. See Beno v. Shalala, 30 F.3d 1057, 1063 (9th Cir.1994) ("we review for abuse of discretion a district court order granting or denying a preliminary injunction.").

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