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

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 17, 2015

Recorded event now available

Course Materials

This CLE course will provide guidance for environmental litigators on injunctive relief under various environmental laws. The panel will outline and explain key considerations, evidentiary issues, and approaches to oppose requests for injunctive relief.


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.



  1. Court treatment of injunctive relief
    1. CERCLA
    2. RCRA
    3. ESA
  2. Considerations when facing motions for injunctive relief
    1. Jurisdiction and venue
    2. Evidentiary issues
  3. Best practices for opposing requests for injunctive relief


The panel will review these and other key issues:

  • How have the courts treated the issue of injunctive relief under different environmental laws?
  • What are the key considerations practitioners should keep in mind when facing a motion for injunctive relief?
  • What best practices should counsel employ when opposing requests for TROs or preliminary injunctions?


Sandra A. Edwards
Sandra A. Edwards

Farella Braun + Martel

Ms. Edwards is Chair of the firm’s Environmental Law Department and has extensive trial experience in federal and...  |  Read More

Peter Hsiao
Peter Hsiao

Morrison & Foerster

Mr. Hsiao is head of the firm’s Environment and Energy Group in Los Angeles and head of the Green Products and...  |  Read More

Riesel, Daniel
Daniel Riesel

Sive Paget & Riesel

Mr. Riesel has litigated a wide variety of cases which include numerous environmental matters, white collar defense,...  |  Read More

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