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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. WINTER

No. 08-55054.

513 F.3d 920 (2008)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; The International Fund for Animal Welfare; Cetacean Society International; League for Coastal Protection; Ocean Futures Society; Jean-Michel Cousteau, Plaintiffs-Appellees, v. Donald C. WINTER, Secretary of the Navy; United States Department of the Navy; Carlos M. Gutierrez, Secretary of the Department of Commerce; National Marine Fisheries Services; William Hogarth, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; Conrad C. Lautenbacher, Jr., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 16, 2008.

Attorney(s) appearing for the Case

Alan J. Heinrich, Esq., Irell & Manella, LLP, Los Angeles, CA, Cara Horowitz, Esq., Natural Resources Defense Council, Santa Monica, CA, for Plaintiffs-Appellees.

Kathryn E. Kovacs, Esq., Allen M. Brabender, Esq., Michael R. Eitel, Esq., for Defendants-Appellants.

Before: B. FLETCHER, D.W. NELSON, and STEPHEN

REINHARDT, Circuit Judges.

ORDER

The Navy has filed an emergency motion in this court to vacate the preliminary injunction issued by the district court, or alternatively, to partially stay the injunction. To put the matter in context, we briefly set forth its procedural posture.

On August 7, 2007, the district court entered a preliminary injunction prohibiting the Navy from using mid-frequency active sonar (MFA sonar) during the course of the remaining...

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