A Mild Winter: The Status of Environmental Preliminary Injunctions

66 Pages Posted: 6 Apr 2013 Last revised: 7 Nov 2013

See all articles by Sarah Morath

Sarah Morath

University of Houston Law Center

Date Written: November 6, 2013


Since enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the U.S. Supreme Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine Winter’s effect. It does so by providing a quantitative and qualitative analysis of data collected from federal district and circuit courts three years before and three years after Winter.

This data demonstrates that not only has the number of injunctions granted and denied stayed relatively consistent, but most trial courts have not altered their approach to environmental preliminary injunction requests. Instead, they continue to look to their circuit court rather than the U.S. Supreme Court for guidance when reviewing these requests. Several circuit courts have addressed Winter, and apart from the Fourth Circuit, these circuits reconciled Winter with their earlier preliminary injunction standard. Thus, while Winter’s effect is significant in form, it is mild in substance.

Keywords: environmental claims, Natural Resource Defense Council, environmental preliminary injunctions, Winter

JEL Classification: K10

Suggested Citation

Morath, Sarah, A Mild Winter: The Status of Environmental Preliminary Injunctions (November 6, 2013). Seattle University Law Review, Vol. 37, 2013; U of Akron Legal Studies Research Paper No. 13-06. Available at SSRN: https://ssrn.com/abstract=2245137

Sarah Morath (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

Register to save articles to
your library


Paper statistics

Abstract Views