Supreme Court To Decide Injunctive Relief Under NEPA

This posting from the Akin Gump law firm, written by Josh Patashnik of Stanford Law School

Today in Monsanto Co. v. Geertson Seed Farms (No. 09-475), the Court will once again consider what injunctive relief a district court may order when it finds a procedural violation of a federal environmental statute. Specifically, the case presents the question of what showing is required in a suit under the National Environmental Policy Act (NEPA) to satisfy the “likelihood of irreparable harm” prong of the Court’s four-part test – articulated most recently in Winter v. NRDC (2008) – for the issuance of a permanent injunction.

This case could have important ramifications for mountaintop removal lawsuits where NEPA violations are alleged. You can visit the blog post here.