Winter v. Natural Resources Defense Council
Encyclopedia
Winter v. Natural Resources Defense Council, 555 U.S. 7
(2008), was a case heard before the United States Supreme Court on October 8, 2008 concerning the United States Navy
ability to use sonar
during drills causing possible harm to whales and other marine mammals.
In balancing military preparedness
against environmental concerns, the majority came down solidly on the side of national security
. Chief Justice Roberts wrote in his opinion, “the most serious possible injury would be harm to an unknown number of marine mammals that they study and observe.” By contrast, he continued, “forcing the Navy to deploy an inadequately trained antisubmarine force jeopardizes the safety of the fleet.”
Environmentalists contend that the sonar has a possible deafening effect on the whales. They said studies conducted around the world have shown the piercing underwater sounds cause whales to flee in panic or to dive too deeply. Whales have been found beached in Greece, the Canary Islands and in the Bahamas after sonar was used in the area, and necropsies
showed signs of internal bleeding near the ears.
under the National Environmental Policy Act
(NEPA), concluding that the use of mid-frequency active sonar during the exercises would cause minimal harm to marine mammals.
Petitioners, mostly environmental groups, sought declaratory
and injunctive relief
against the exercises, on the ground that they violated NEPA, plus other environmental laws not material to the Supreme Court decision. The district court granted a preliminary injunction barring conduct of the exercises. On remand from the Court of Appeals for the Ninth Circuit
, the district court modified the preliminary injunction
to allow the Navy to use the sonar if it used mitigation measures. On the Navy’s second appeal, challenging two of the mitigation measures, the Ninth Circuit affirmed the modified injunction, noting that plaintiffs (petitioners in the Supreme Court) had carried their burden of showing a “possibility” of irreparable injury and that the balance of hardships weighed in favor of plaintiffs.
held that as an initial matter the Ninth Circuit’s “possibility” test for issuance of a preliminary injunction is too lenient; plaintiffs must show that irreparable injury is “likely” in the absence of an injunction. However, the Court continued, even if plaintiffs had shown irreparable injury (and, too, likelihood of success on the merits), it is “plainly outweighed” by the Navy’s interest in effective, realistic training of its sailors. That factor alone requires denial of the requested injunctive relief. For the plaintiffs, the most serious possible injury would be harm to an unknown number of marine mammals. In light of the foregoing, the Court reversed the decision below and vacated
the preliminary injunction.
Parenthetically, said the Court, the same balancing factor requiring vacatur of the preliminary injunction here would also bear on a challenge to any future permanent injunction.
The Court did not address the merits of the lawsuit—that is, whether the Navy exercises violated NEPA or the other federal environmental laws claimed to be violated.
The Ninth Circuit is widely regarded as an environmentally friendly circuit, and the Supreme Court, in reversing it here, was doing what it has done many times before.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2008), was a case heard before the United States Supreme Court on October 8, 2008 concerning the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
ability to use sonar
Sonar
Sonar is a technique that uses sound propagation to navigate, communicate with or detect other vessels...
during drills causing possible harm to whales and other marine mammals.
In balancing military preparedness
Military science
Military science is the process of translating national defence policy to produce military capability by employing military scientists, including theorists, researchers, experimental scientists, applied scientists, designers, engineers, test technicians, and military personnel responsible for...
against environmental concerns, the majority came down solidly on the side of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
. Chief Justice Roberts wrote in his opinion, “the most serious possible injury would be harm to an unknown number of marine mammals that they study and observe.” By contrast, he continued, “forcing the Navy to deploy an inadequately trained antisubmarine force jeopardizes the safety of the fleet.”
Environmentalists contend that the sonar has a possible deafening effect on the whales. They said studies conducted around the world have shown the piercing underwater sounds cause whales to flee in panic or to dive too deeply. Whales have been found beached in Greece, the Canary Islands and in the Bahamas after sonar was used in the area, and necropsies
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
showed signs of internal bleeding near the ears.
Background and procedural history
The Navy scheduled 14 training exercises through January 2009 off the coast of southern California. These exercises involve the use of “mid-frequency active sonar” to detect enemy submarines. Environmentalists claim that the high decibel levels used harm whales, causing beach strandings. In February 2007, however, the Navy issued an environmental impact assessmentEnvironmental impact assessment
An environmental impact assessment is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the natural, social and economic aspects....
under the National Environmental Policy Act
National Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
(NEPA), concluding that the use of mid-frequency active sonar during the exercises would cause minimal harm to marine mammals.
Petitioners, mostly environmental groups, sought declaratory
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
and injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against the exercises, on the ground that they violated NEPA, plus other environmental laws not material to the Supreme Court decision. The district court granted a preliminary injunction barring conduct of the exercises. On remand from the Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, the district court modified the preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
to allow the Navy to use the sonar if it used mitigation measures. On the Navy’s second appeal, challenging two of the mitigation measures, the Ninth Circuit affirmed the modified injunction, noting that plaintiffs (petitioners in the Supreme Court) had carried their burden of showing a “possibility” of irreparable injury and that the balance of hardships weighed in favor of plaintiffs.
Opinion of the court
The majority opinionMajority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
held that as an initial matter the Ninth Circuit’s “possibility” test for issuance of a preliminary injunction is too lenient; plaintiffs must show that irreparable injury is “likely” in the absence of an injunction. However, the Court continued, even if plaintiffs had shown irreparable injury (and, too, likelihood of success on the merits), it is “plainly outweighed” by the Navy’s interest in effective, realistic training of its sailors. That factor alone requires denial of the requested injunctive relief. For the plaintiffs, the most serious possible injury would be harm to an unknown number of marine mammals. In light of the foregoing, the Court reversed the decision below and vacated
Vacated judgment
A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court....
the preliminary injunction.
Parenthetically, said the Court, the same balancing factor requiring vacatur of the preliminary injunction here would also bear on a challenge to any future permanent injunction.
The Court did not address the merits of the lawsuit—that is, whether the Navy exercises violated NEPA or the other federal environmental laws claimed to be violated.
Comments
Excerpted from CRS Report:- This case was accepted by the Supreme Court in an unusual posture: as a challenge to a preliminary injunction, rather than to the merits of petitioners’ statutory claims. The Court made clear, however, that its perception of an overriding national security interest in the challenged training exercises should lead the district court to reject a final injunction as well, in the event the military is found to have violated an environmental statute. Note, too, that the United States had sought the judicial rejection of the Ninth Circuit’s “mere possibility” test for issuance of injunctions before, succeeding this time.
The Ninth Circuit is widely regarded as an environmentally friendly circuit, and the Supreme Court, in reversing it here, was doing what it has done many times before.
See also
- Anti-submarine warfareAnti-submarine warfareAnti-submarine warfare is a branch of naval warfare that uses surface warships, aircraft, or other submarines to find, track and deter, damage or destroy enemy submarines....
- Beached whaleBeached whaleA beached whale is a whale that has stranded itself on land, usually on a beach. Beached whales often die due to dehydration, the body collapsing under its own weight, or drowning when high tide covers the blowhole.-Species:...
- List of United States Supreme Court cases, volume 555
- List of United States Supreme Court cases
- Marine mammals and sonarMarine mammals and sonarActive sonar, the transmission equipment used on some ships to assist with navigation, has been suggested to be detrimental to the health and livelihood of some marine animals, although the precise mechanisms for this are not well understood. Some marine animals, such as whales and dolphins, use...
External links
- Case briefs
- [ Official slip opinion form the U.S. Supreme Court website]