United States Ninth Circuit
Alliance for the Wild Rockies v. Cottrell, 09-35756
In plaintiff's appeal from the denial of its motion for a preliminary injunction, the order is reversed where: 1) the "serious questions" version of the sliding scale test for preliminary injunctions remains viable after the Supreme Court's decision in Winter; and 2) plaintiff showed that there was a likelihood of irreparable harm; that there were at least serious questions on the merits concerning the validity of the Forest Service's Emergency Situation Determination; that the balance of hardships tips sharply in its favor; and that the public interest favors a preliminary injunction.
Appellate Information
- Decided 07/28/2010
- Published 07/28/2010
Judges
- William A. Fletcher
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Matthew Kellogg Bishop, John Emad Arbab