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- Title
PRELIMINARY INJUNCTIONS IN ENVIRONMENTAL LAWSUITS: THE NINTH CIRCUIT'S DISCRETIONARY APPROACH IN LEAGUE OF WILDERNESS DEFENDERS V CONNAUGHTON.
- Authors
MYERS, LINDSAY BREGANTE
- Abstract
The Ninth Circuit Court of Appeals' recent decision in League of Wilderness Defenders v. Connaughton exemplifies its continued resistance to the Supreme Court's approach to preliminary injunctions. This Chapter analyzes the Ninth Circuit's discretionary approach to preliminary injunctive relief, despite Supreme Court precedent in Winter v. Natural Resources Defense Council requiring courts to apply an inflexible, four-factor test. Through a detailed discussion of each part of the four-factor test, this Chapter shows that the Ninth Circuit did not faithfully apply the Supreme Court's preliminary injunction standard and that certain factors remain unclear. Finally, this Chapter concludes that environmental plaintiffs in the Ninth Circuit have benefited from the lack of clarity, but should be wary of unsettled legal standards when seeking preliminary injunctive relief.
- Subjects
ENVIRONMENTAL law; PRELIMINARY injunctions; WILDERNESS areas; ACTIONS &; defenses (Law); CIRCUIT courts; NATURAL Resources Defense Council; ENVIRONMENTAL impact analysis
- Publication
Environmental Law (Lewis & Clark Law School), 2015, Vol 45, Issue 3, p793
- ISSN
2831-9028
- Publication type
Article