Natural Resources Defense Council, Inc. v. Winter, No. 07-56157.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Citation508 F.3d 885
Docket NumberNo. 07-56157.
PartiesNATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees, v. Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.
Decision Date13 November 2007
508 F.3d 885
NATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees,
v.
Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.
No. 07-56157.
United States Court of Appeals, Ninth Circuit.
November 13, 2007.

[508 F.3d 886]

Alan J. Heinrich, Esq., Irell & Manella, LLP, Los Angeles, CA, Cara Horowitz, Esq., Natural Resources Defense Council, Santa Monica, CA, for Plaintiffs-Appellees.

Kathryn E. Kovacs, Esq., Allen M. Brabender, Esq., U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, Michael R. Eitel, Esq., U.S. Department of Justice Environment & Natural Resources Division, Denver, CO, for Defendants-Appellants.

Before: B. FLETCHER, D.W. NELSON, and REINHARDT, Circuit Judges.


ORDER

This appeal concerns the Navy's use of mid-frequency active sonar in fourteen training exercises off the coast of Southern California. The Navy completed three of these exercises in February and March of this year. On August 7, 2007, the district court entered a preliminary injunction prohibiting the Navy from using mid-frequency active sonar during the course of the eleven remaining exercises. On August 31, 2007, a motions panel of this court granted the Navy's motion to stay the preliminary injunction pending appeal. At oral argument held before this court on November 8, 2007, the Navy reported that since the stay was entered it has conducted one more exercise, and that an exercise currently underway would be completed by November 22, 2007. The Navy plans to conduct its next exercise in January 2008.

Plaintiffs have met the necessary burden of proof to demonstrate that some form of preliminary injunctive relief is appropriate. Specifically, Plaintiffs have shown a strong likelihood of success on the merits of their claims under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and the Coastal Zone Management Act (CZMA), 16 U.S.C. § 1451 et seq., as well as the possibility of irreparable...

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21 practice notes
  • Natural Resources Defense Council V. Winter, No. 8:07-ev-00335-FMC-FMOX.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • February 4, 2008
    ...success, the Navy's training with MFA sonar could go forward with the appropriate mitigation measures. Natural Res. Del Council v. Winter, 508 F.3d 885 (2007). The order gave the Court until January 4, 2008 to issue a revised injunction, incorporating mitigation On November 27, 2007, a stat......
  • Natural Resources Defense Council, Inc. v. Winter, No. 08-55054.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 29, 2008
    ...the case for the district court to enter a modified preliminary injunction containing appropriate mitigating measures. NRDC v. Winter, 508 F.3d 885 (9th On January 3, 2008, the district court, after having received briefing from the parties and having toured the destroyer USS Milius at the ......
  • Or. Natural Desert Ass'n v. Sabo, No. 1:10–cv–1212–CL.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 30, 2012
    ...clear, it is plaintiff's burden to prove that the requested injunctive relief is warranted. See Natural Res. Def. Council, Inc. v. Winter, 508 F.3d 885, 886 (9th Cir.2007). Any injunctive relief ordered must be tailored to remedy the specific harm alleged. Stormans, Inc. v. Selecky, 586 F.3......
  • Ocean Mammal Institute v. Gates, Civil No. 07-00254 DAE-LEK.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • February 29, 2008
    ...for a training exercise that was currently ongoing or for ten days from the date of the order, whichever was earlier. NRDC v. Winter, 508 F.3d 885 (9th On January 3, 2008, the district court issued a modified preliminary injunction. NRDC v. Winter, 530 F.Supp.2d 1110. On January 9, 2008, th......
  • Request a trial to view additional results
21 cases
  • Natural Resources Defense Council V. Winter, No. 8:07-ev-00335-FMC-FMOX.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • February 4, 2008
    ...success, the Navy's training with MFA sonar could go forward with the appropriate mitigation measures. Natural Res. Del Council v. Winter, 508 F.3d 885 (2007). The order gave the Court until January 4, 2008 to issue a revised injunction, incorporating mitigation On November 27, 2007, a stat......
  • Natural Resources Defense Council, Inc. v. Winter, No. 08-55054.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 29, 2008
    ...the case for the district court to enter a modified preliminary injunction containing appropriate mitigating measures. NRDC v. Winter, 508 F.3d 885 (9th On January 3, 2008, the district court, after having received briefing from the parties and having toured the destroyer USS Milius at the ......
  • Or. Natural Desert Ass'n v. Sabo, No. 1:10–cv–1212–CL.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 30, 2012
    ...clear, it is plaintiff's burden to prove that the requested injunctive relief is warranted. See Natural Res. Def. Council, Inc. v. Winter, 508 F.3d 885, 886 (9th Cir.2007). Any injunctive relief ordered must be tailored to remedy the specific harm alleged. Stormans, Inc. v. Selecky, 586 F.3......
  • Ocean Mammal Institute v. Gates, Civil No. 07-00254 DAE-LEK.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • February 29, 2008
    ...for a training exercise that was currently ongoing or for ten days from the date of the order, whichever was earlier. NRDC v. Winter, 508 F.3d 885 (9th On January 3, 2008, the district court issued a modified preliminary injunction. NRDC v. Winter, 530 F.Supp.2d 1110. On January 9, 2008, th......
  • Request a trial to view additional results

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