TRUMP v. SIERRA CLUB (2020)

The motion to lift stay is denied.

Just over a year ago, I suggested “a straightforward way” to avoid irreparable harm to the parties in this litigation: stay the District Court's injunction “only to the extent” that it “prevents the Government from finalizing [relevant] contracts or taking other preparatory administrative action, but leave [the injunction] in place insofar as it precludes the Government from disbursing those funds or beginning construction.” Trump v. Sierra Club, 588 U. S. ––––, –––– – ––––, 140 S.Ct. 1, 2, 204 L.Ed.2d 1170 (2019) (opinion concurring in part and dissenting in part from grant of stay).

Now, the Government has apparently finalized its contracts, avoiding the irreparable harm it claimed in first seeking a stay. The Court's decision to let construction continue nevertheless, I fear, may “operat[e], in effect, as a final judgment.” Id., at ––––, 140 S.Ct., at 1. I would therefore lift the Court's stay of the District Court's injunction.