Cottrell
Alliance for the Wild Rockies v. Cottrell
Opinion
Concurring Opinion
Mosman, J.
concurring:
Today’s holding that the “serious questions” test remains valid post-Winter is an important one for district courts tasked with evaluating requests for preliminary injunctions. The task is often a delicate and difficult balancing act, with complex factual scenarios teed up on an expedited basis, and supported only by limited discovery. A sliding scale approach, including the “serious questions” test, preserves the flexibility that is so essential to handling preliminary injunctions, and that is the hallmark of relief in equity. See Winter, 129 S.Ct. at 391 (Ginsburg, J., dissenting); see also Miller v. French, 530 U.S. 327, 361 , 120 S.Ct. 2246 , 147 L.Ed.2d 326 (2000) (Breyer, J., dissenting) (“[I]n certain circumstances justice requires the flexibility necessary to treat different cases differently — the rationale that underlies equity itself.”); Weinberger v. Romero-Barcelo, 456 U.S. 305, 312 , 102 S.Ct. 1798 , 72 L.Ed.2d 91 (1982) (“The essence of equity jurisdiction has been the power of the Chancellor to do equity and to mould each decree to the necessities of the particular case. Flexibility rather than rigidity has distinguished it.”) (quoting Hecht Co. v.…
Lead Opinion
Fletcher, J.
Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge MOSMAN.
ORDER
The opinion filed July 28, 2010, and published at 613 F.3d 960 (9th Cir.2010), is amended as follows:
On 613 F.3d at 968, immediately below line 21, before section heading “B. Preliminary Injunction,” add new paragraph:
OPINION
Alliance for the Wild Rockies (“AWR”) appeals the district court’s denial of its motion for a preliminary injunction. AWR seeks to enjoin a timber salvage sale proposed by the United States Forest Service. Citing Winter v. Natural Resources Defense Council, — U.S. -, 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008), the district court held that AWR had not shown the *1047 requisite likelihood of irreparable injury and success on the merits. After hearing oral argument, we issued an order reversing the district court and directing it to issue the preliminary injunction. Alliance for Wild Rockies v. Cottrell, 385 Fed.Appx. 683 (9th Cir.2010). In this opinion, we now set forth the reasons for our reversal, and we take this opportunity to clarify an aspect of the post-Wmier standard for a preliminary injunction.