June 23, 2008

certiorari granted in Winter v. NRDC

By certiorari granted in Winter v. NRDC

Next fall, the U.S. Supreme Court will hear arguments in Winter v. NRDC.  The case concerns a judge's ability to enjoin military exercises under the National Environmental Policy Act.  While the Council on Environmental Quality determined that the Navy should be exempted from NEPA due to "emergency circumstances," a federal district judge disagreed, enjoining the sonar exercises that were to occur roughly twelve miles off the coast of California.  The Ninth Circuit upheld the injunction.

Jonathan Adler notes that this is "a potentially important case concerning the relationship between national security and environmental protection." A Los Angeles Times article on the case is available here. The Ninth Circuit opinion is available here .

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