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Balance of harms

Sierra Club v. Bostick

The Tenth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of an oil pipeline to run from Cushing, Oklahoma, to oil refineries along the Gulf Coast near Port Arthur...

Center for Food Safety v. Schafer

A district court denied environmental groups’ motion for a preliminary injunction to enjoin the use of genetically engineered sugar beets. On the likelihood of success on the merits, the court has already found that defendants,...

Northwest Bypass Group v. Corps of Eng'rs

A district court denied a motion to preliminarily enjoin a city from filling 3.5 acres of wetlands to construct a road. Environmental groups and homeowners argued that the U.S. Army Corps of Engineers violated the Clean Water Act (CWA...

Davis v. Mineta

The court preliminarily enjoins the U.S. Department of Transportation (DOT) from proceeding with a highway project that involves road construction and expansion through parkland. The DOT prepared an environmental assessment (EA) and...

S.W. Shattuck Chem. Co. v. Denver, City & County of

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the storage of radioactive material. The court...

Chemical Weapons Working Group, Inc. v. Department of the Army

The court refuses to preliminarily enjoin the U.S. Department of the Army from beginning incineration tests of chemical warfare agents at its disposal facility in Tooele, Utah. The court first holds that the asserted risks of harm due...

United States v. Keystone Sanitation Co.

The court preliminarily enjoins the transfer of assets by a corporate landfill owner and related defendants in a U.S. Environmental Protection Agency (EPA) cost recovery action under the Comprehensive Environmental Response,...

Clean Ocean Action v. York

The court affirms a district court order denying citizen groups a preliminary injunction to stop ocean dumping of dioxin-contaminated materials dredged from the New York-New Jersey Port Authority's Newark/Port Elizabeth facility. The...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for...

George Wash. Home Owners Ass'ns v. Widnall

The court denies environmental groups' and local residents' request for a preliminary injunction that would postpone the civilian reuse of Lowry Air Force Base near Denver, Colorado, until the performance of additional studies and...