United States Ninth Circuit

In an action brought by environmental advocacy organizations involving Navy training using sonar harmful to the environment, particularly whales, the Navy's emergency motion to stay a preliminary injunction entered by a district court pending appeal is granted as the injunction did not have any explanation as to why it absolutely prohibited the Navy's use of medium frequency active sonar in its training program, rather than tailoring the injunction with mitigation measures that had been approved in prior litigation.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• Before:  B. FLETCHER, D.W. NELSON, and REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Alan J. Heinrich, Esq., Irell & Manella, LLP, Los Angeles, CA, Cara Horowitz, Esq., Natural Resources Defense Council, Santa Monica, CA, for Plaintiffs-Appellees., Kathryn E. Kovacs, Esq., Allen M. Brabender, Esq., U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, Michael R. Eitel, Esq., U.S. Department of Justice Environment & Natural Resources Division, Denver, CO, for Defendants-Appellants.