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Natural Resources Defense Council v. Winter

ELR Citation: 38 ELR 20057
Nos. No. 08-55054, (9th Cir., 02/29/2008) injunction aff'd

The Ninth Circuit denied the U.S. Navy's emergency motion for a partial stay of a district court order enjoining the Navy from conducting high-intensity, mid-frequency sonar use for training exercises off the coast of California. The Navy seeks a stay because its next training exercises to be conducted off the coast of southern California are scheduled to begin in March and it contends that the preliminary injunction prevents it from adequately conducting those exercises. The court, however, has already issued a sua sponte order expediting the appeal of the district court’s imposition of a preliminary injunction. This expedited schedule will allow the court to render its decision well in advance of the commencement of the Navy’s exercises. Moreover, because the Navy intends to conduct at least eight more training exercises between now and January 2009, the preliminary injunction should be reviewed on the merits as soon as possible so that there will be certainty as to the restrictions imposed on the scheduled exercises.

[Prior decision in this litigation can be found at 37 ELR 20229, 37 ELR 20283, and 38 ELR 20012.]