Appellate Law

What the whales can teach us about appellate procedure

By S. COTUS

The popular press (mis-)reports on an appellate drama brewing in California.  Essentially, this lawsuit regarding the Navy?s use of sonar argues that it violates the National Environmental Policy Act by harming cute whales.  There has been a few remands (in the course of a month or so) from the Ninth, capped off by the president and the Counsel and Environmental Quality ?exempting? the Navy from the requirements of the act because of some boiler-plate national security reasons. The District Court says, ?you can?t overrule me.?  The case is NRDC v. Winter.

So, for anyone that cares about preliminary injunctions, this is a great opportunity to read the filings.  Because I like y'all so much, and you all dress so nicely* I have put some good ones below the fold.*

*This does not apply to Alert Reader #19 in Iowa City.  We told you about how we feel about the way you dress.  You didn't listen.  Therefore, you can't read this blog.

• Download ex_parte_application_to_stay_pending_consideration_of_ex_parte_application_to_vacate_preliminary_injunction.pdf

• Download intervenors_opposition_to_ex_parte_application_to_stay_pending_consideration_of_ex_parte_application.pdf

• Download joinder_filed_by_intervenor_california_coastal_commission.pdf

• Download memo_in_favor_of_stay_pending_appeal.pdf

• Download memo_opposing_stay_pending_appeal.pdf

• Download ninth_circuits_august_opinion.pdf

• Download ninth_circuits_november_opinion.pdf

• Download order_denying_defendants_ex_parte_application_to_vacate_preliminary_injunction_or_to_partially_stay_pending_appeal_and_order_vacating_temporary_stay.pdf

• Download order_denying_defendants_motion_to_dismiss_or_stay.pdf

• Download plaintiffs_opposition_to_ex_parte_application_to_stay_pending_consideration_of_ex_parte_application.pdf

• Download reply_in_support_of_ex_parte_application.pdf

Full post as published by Appellate Law and Practice on February 05, 2008 (boomark / email).