Debate continues over '08 whale ruling's impact on bids to halt projects


Nossaman Environment & Land Use Practice Group Chair, Paul Weiland, is quoted in the Greenwire article, "Debate continues over '08 whale ruling's impact on bids to halt projects."  The article discusses the impact of the two-year-old Supreme Court decision in Winter v. Natuarl Resources Defense Council and how it impacts the ability of environmental groups to obtain preliminary injunctions.

Recently, a 9th circuit panel of judges revisited how the ruling might impact their approach to preliminary injunctions. Mr. Weiland is quoted saying the 9th Circuit panel was, "trying to preserve a semblance" of its prior test "while begrudgingly acknowledging the Supreme Court decision." In other words the judges are aiming to "give themselves a little more flexibility."

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