Ninth Circuit Review introduction.

Author:Moffat, Corey
Position:2014 NINTH CIRCUIT ENVIRONMENTAL REVIEW

It is my privilege to present the 2014-2015 Ninth Circuit Environmental Review. This review contains twenty-nine summaries of Ninth Circuit Court of Appeals' decisions on environmental and natural resources topics, issued between March 2014 and March 2015. The review also includes two chapters authored by Ninth Circuit Review members. Both chapters closely examine issues raised by two summarized opinions.

In the first chapter, Lindsay Bregante Myers analyzes the Ninth Circuit's discretionary approach to preliminary injunctive relief exemplified in League of Wilderness Defenders v. Connaughton. Through a detailed discussion of each part of the four-factor test set forth in the Supreme Court's Winter v. Natural Resources Defense Council decision, she shows that the Ninth Circuit did not faithfully apply the Supreme Court's preliminary injunction standard. Ultimately, she concludes that environmental plaintiffs have benefited from the lack of clarity in the Ninth Circuit's approach to preliminary injunctions, but that those plaintiffs should be wary of unsettled legal standards when seeking preliminary injunctive relief.

In the second chapter, Nora Coon uses the Ninth Circuit's recent decision in Montana Environmental Information Center v. Stone-Manning as a lens to explore the elision of standing and ripeness in the Ninth Circuit. Through a review of...

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