Motor Vessels Theresa Ann v. Juanita M. Kreps

Good Law
548 F.2d 1382·58 Oil & Gas Rep. 10·7 Envtl. L. Rep. (Envtl. Law Inst.) 20458·9 ERC (BNA) 2072·9 ERC 2072
United States Court of Appeals for the Ninth CircuitFebruary 24, 197777-1401California408 words

Opinion

Opinion

ORDER FOR PUBLICATION

Pending the appeal, the preliminary injunction issued by the District Court for the Southern District of California is stayed. The stay is to remain in effect until further order of this court.

The respondents have not demonstrated that the questions raised either indicate a probable resolution favorable to their position, or are sufficiently serious in the legal sense to meet the alternative standard of Inglis v. ITT Continental Baking Co., 526 F.2d 86 (9th Cir. 1976). Moreover, we do not find that the “balance of hardships tips sharply in [the appellee’s] favor.” Id. at 88 . Severe economic hardship to the tuna fishing industry is being imposed by the operation of the Marine Mammal Protection Act. However, promotion of the public interest, as reflected in the Act, must also be weighed. When this is done we are constrained to hold that the issuance of the injunction by the District Court constituted an abuse of discretion.

We so hold in full awareness that the effect of the legislative and executive actions affecting the tuna fishing industry imposes substantial economic hardship on the appellees. Our stay of the District Court’s preliminany injunction…

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