Winter v. Natural Resources Defense Council, Inc.
- Decided
- November 12, 2008
- Docket
- 07-1239
- Status
- Published
- Jurisdiction
- Federal
Cited 11,986 timesAbrogated on other grounds (not yet verified)Possible negative treatment: abrogated on other grounds (not yet verified) · SN Properties of Lumberton, LLC v. Parkton MHC LLC
What later courts said
- holding that public interest outweighed plaintiffs’ likelihood of success on the merits and irreparable harm — Lisa Henderson v. Bluefield Hospital Co., LLC (2018)
- holding that a plaintiff must “demonstrate that irreparable injury is likely in the absence of an injunction,” and not a mere “possibility” — Sataki v. Broadcasting Board of Governors (2010)
- holding that plaintiff seeking preliminary injunction must "demonstrate that irreparable injury is likely in the absence of an injunction" — Abrasic 90 Inc. v. Weldcote Metals, Inc. (2019)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*12] Chief Justice Roberts delivered the opinion of the Court.
“To be prepared for war is one of the most effectual means of preserving peace.” 1 Messages and Papers of the Presidents 57 (J. Richardson comp. 1897). So said George Washington in his first Annual Address to Congress, 218 years ago. One of the most important ways the Navy prepares for war is through integrated training exercises at sea. These exercises include training in the use of modern sonar to detect and track enemy submarines, something the Navy has done for the past 40 years. The plaintiffs, respondents here, complained that the Navy’s sonar-training program harmed marine mammals, and that the Navy should have prepared an environmental impact statement before commencing its latest round of training exercises. The Court of Appeals upheld a preliminary injunction imposing restrictions on the Navy’s sonar training, even though that court acknowledged that “the record contains no evidence that marine mammals have been harmed” by the Navy’s exercises. 518 F. 3d 658, 696 (CA9 2008).
The Court of Appeals was wrong, and its decision is reversed.
Statutes cited
Cite this
Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)Read the full opinion
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