Property Rights

Scott Timber Company v. Oregon Wild

Putting a thumb on the scale to benefit environmentalist plaintiffs

In environmental litigation, preliminary injunctions—orders from the court for a defendant to stop challenged activities while a case proceeds—are a way of life. Environmental plaintiffs routinely seek and obtain preliminary injunctions that can grind expensive, multi-year projects to a standstill. They do so because courts “presume” that they meet some of the requirements for an injunction and then require only a minimal showing on the others. As amicus, PLF argues that the combination of presumptions and minimal showings means that the supposedly “rare” act of enjoining a defendant happens with regularity, to the detriment of fair and balanced administration of justice.

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