Injunctive Relief in Environmental Litigation: Leveraging Recent Court Treatment and Navigating Evidentiary Issues

Description

Environmental litigation often involves the threat of motions for injunctive relief. How the court rules on a motion for a preliminary injunction may determine the outcome of the case. Counsel must be prepared to respond to a motion for a temporary restraining order or preliminary injunction.

The Ninth Circuit in Cottonwood Environmental Law Ctr. v. United States Forest Serv. (9th Cir. 2015) recently overturned 33-year-old standards for issuing injunctive relief for procedural violations of the Endangered Species Act (ESA) by removing the presumption of irreparable harm under the traditional test for injunctive relief.

Counsel should anticipate the threat of a motion for injunctive relief and, once it is filed, must be ready to present relevant evidence whether to challenge claims of irreparable harm or regarding the balance of harms.

Listen as our authoritative panel of environmental counsel examines how the courts are addressing injunctive relief under various environmental laws. The panel will discuss considerations to keep in mind, evidentiary issues, and measures that may be helpful to practitioners in opposing requests for injunctive relief.