Winter V Natural Resources Defense Council Inc Case Brief

7 was a decision by the united states supreme court concerning whether federal law restricted the united states navys ability to use sonar during drills given the possibility of a harmful effect on marine mammals such as whales. On march 22 2007 the natural resources defense council nrdc sued the united states navy in the district court for the central district of california to enjoin the navy from conducting training exercises off the coast of southern california. Certiorari to the united states court of appeals for the ninth circuit.

Natural resources defense council inc.

Winter v natural resources defense council inc case brief. Tenpas assistant attorney general edwin s. Natural resources defensecouncil inc. V natural resources defense council inc et al. Winter secretary of the navy et al petitioners.

Natural resources defense council inc et al. Garre acting solicitor general counsel of record ronald j. Natural resources defense council inc. I have the opinion of the court this morning in case 07 1239 donald winter secretary of the navy versus natural resources defense council.

The natural resources defense council p filed a case against the us. Navy the navy defendant alleging that the navys use of mid frequency active mfa sonar during its training programs harmed marine life off the coast of southern california in violation of several federal laws. Navy the navy d to stop the use of naval sonar in its training programs because the sonar might adversely affect marine mammals. In balancing military preparedness against environmental concerns the majority came down solidly on the side of national security.

Natural resources defense council 555 us. Chief justice roberts wrote in his opinion the most serious possible injury. Specifically the nrdc sought to prevent the navy from using mid frequency active mfa sonar during these exercises because such use harmed whales and other marine mammals in violation of several environmental laws. Winter secretary of the navy et al.

Argued october 8 2008decided november 12 2008 antisubmarine warfare is one of the navys highest priorities. The united states navy conducts training exercise and exercises in the waters off the coast of southern california. Whether courts below properly enjoined the navys use of sonar during certain training exercises for failure to conduct an environmental impact statement over a finding of emergency circumstances by the council on environmental quality. Brief for the petitioners.

The original action in which movants requested intervention was commenced by plaintiff natural resources defense counsel inc plaintiff seeking declaratory and injunctive relief on behalf of the defendants united states nuclear regulatory commission nrc and the new mexico environmental improvement agency nmeia defendants prohibiting those agencies from issuing licenses for the operation of uranium mills in new mexico without first writing environmental impact statements. The national resources defense council inc. Vnatu ral resources defense council inc et al. Nrdc jean michael cousteau an environmentalist and filmmaker and several other environmental groups collectively plaintiffs filed suit in federal district court against donald winter secretary of the us.

Argued october 8 2008decided november 12 2008. Court of appeals for the ninth circuit. Supreme court of the united states. A preliminary injunction was granted by a federal district court against the navy d and this was upheld by the us.

Natural resources defense council inc. 7 2008 brief fact summary. On writ of certiorari to the united states court of appeals for the ninth circuit. Certiorari to the united states court of appeals for the ninth circuit no.