Shell Offshore, Inc. v. Greenpeace, Inc.

ORDER

Chief Judge Kozinski votes to deny the petition for rehearing en banc and Judge Tashima so recommends. Judge Smith votes to grant the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc, and a judge of the court called for a vote on whether to rehear the matter en banc. The majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

The petition for rehearing en banc is denied.

GOULD, Circuit Judge, joined by PREGERSON, REINHARDT, WARDLAW, W. FLETCHER, and M. SMITH, Circuit Judges, dissenting from denial of rehearing en banc:

In my view the dissent of Judge M. Smith has the better position as contrasted with the majority opinion. This case should have been reviewed en banc because the majority opinion offends important principles that transcend the case: (1) A party should not be enjoined because of its association with other entities; and (2) A party should not be enjoined because it, with what I would have previously thought was free speech, endorsed or claimed affinity with “activist” operations of other entities.

The majority opinion upholds a preliminary injunction against Greenpeace USA based…