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Court sets higher hurdle for preliminary injunctions.

Article Excerpt
Media coverage of the Supreme Court's recent decision in Winter v. Natural Resources Defense Council focused on the Court allowing the Navy to conduct sonar testing despite its potential effect on whales and other marine animals. (1) But for lawyers, what's significant about this case is the Court's restrictive standard for deciding when federal courts may issue preliminary injunctions.

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The case arose when environmental organizations became concerned that the Navy's use of mid-frequency active (MFA) sonar in training exercises might harm marine mammals that live in the southern California waters where the Navy was conducting these exercises. The area is home to over 37 marine species.

The Navy's concern was that diesel-electric submarines make almost no noise, and effective antisubmarine warfare requires a way to locate and identify them. Sonar is a key technique for finding these quiet vessels, and Navy personnel need to be trained to use it.

The environmental groups filed suit, seeking a preliminary injunction based on alleged violations of the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Administrative Procedure Act (APA), and...

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