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The Military and the Environment in the United States: Exemptions, Injunctions, and Winter v. Natural Resources Defense Council

Robin Kundis Craig
Florida State University - College of Law

Review of European Community & International Environmental Law, Vol. 18, No. 1, pp. 100-103, April 2009
FSU College of Law, Public Law Research Paper No. 331

Abstract:
This short piece reviews the background of and the U.S. Supreme Court's November 2008 decision in Winter v. Natural Resources Defense Council, which challenged the Navy's use of its mid-frequency active sonar (MFAS) in fourteen military training exercises off the coast of southern California. It concludes that despite possible readings of the case that would generally limit the availability of injunctions in environmental cases, especially cases under the National Environmental Policy Act (NEPA), the case is best read as the latest articulation of the Supreme Court's belief that military readiness activities are "special" when it comes to forced compliance with the federal environmental laws.

Keywords: Winter v. NRDC, sonar, Navy, military, NEPA, National Environmental Policy Act, injunction, public interest

Accepted Paper Series

Date posted: December 18, 2008 ; Last revised: June 02, 2009

Suggested Citation

Craig, Robin Kundis, The Military and the Environment in the United States: Exemptions, Injunctions, and Winter v. Natural Resources Defense Council (May 22, 2009). Review of European Community & International Environmental Law, Vol. 18, No. 1, pp. 100-103, April 2009; FSU College of Law, Public Law Research Paper No. 331. Available at SSRN: http://ssrn.com/abstract=1317849

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Robin Kundis Craig (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306-1601
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