AT THE SUPREME COURT

Winter v. Natural Res. Def. Council (NRDC) (07-1239)

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. 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. The District Court concluded in January 2008 that NRDC had proven that allowing the exercises to continue would cause near certain harm to the environment and issued a preliminary injunction. In response to the injunction, both the President and the Council for Environmental Quality ("CEQ") exempted the Navy from two environmental statutes, finding that emergency circumstances existed which allowed the training to continue. The District Court, however, found the exemptions were improper and upheld its preliminary injunction, and the Ninth Circuit affirmed. The Navy challenges this decision by arguing that courts below used too lax of a standard when deciding that a preliminary injunction was justified and that the judiciary improperly interfered with the executive branch’s authority to control the military. How the Supreme Court decides this case will not only reflect its view on balancing environmental protection and national security, but also clarify the roles each Federal branch has in these matters....

Conclusion

This case addresses an important question about the significance of environmental protection. The answer may hinge on the Supreme Court’s view of the balance among the three branches of government, and the extent of the executive branch’s authority over the military. Overall, the Supreme Court’s decision on the separation of powers will have implications beyond the immediate issue of environmental protection.