Gutierrez

Humane Society of the United States v. Gutierrez

Good Law
527 F.3d 788·2008 U.S. App. LEXIS 8733
United States Court of Appeals for the Ninth CircuitApril 23, 200808-35305California725 words

Opinion

Opinion

ORDER

This is an emergency motion for a stay pending appeal of the district court’s denial of a preliminary injunction and Circuit Rule 3-3 applies.

Defendants-Intervenors-Appellees

States of Washington, Oregon and Idaho (“States”) received approval under Section 120 of the Marine Mammal Protection Act (“MMPA”) from Defendant-Appellee National Marine Fisheries Service (“NMFS”) to lethally remove individual pinnipeds, specifically California sea lions, currently preying on salmon below the Bonneville Dam on the Columbia River (“NMFS Approval”). The NMFS Approval allows the lethal taking of up to 85 California sea lions annually, and is valid until June 30, 2012. The States anticipate commencing the California sea lion removal on April 24, 2008.

The district court denied Plaintiff-Appellant Humane Society of the United States’s (“HSUS”) request for a preliminary injunction, finding that, while appellants had a slight edge on the merits of their case, the balance of harms tipped in favor of appellees.

Appellants seek an emergency injunction pending appeal to stay execution of the NMFS Approval. Appellees oppose the motion for an emergency injunction.

In deciding whether to…

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