An Empirical Look at Preliminary Injunctions in Challenges Under Environmental Protection Laws

摘要

The legal standard for preliminary injunctions remains unsettled nationwide. The Winter decision promoted uniformity by listing the four prongs and clarifying the showing needed for the irreparable-harm prong, but circuits still disagree over how to weigh the other prongs. And this seems to matter-courts in circuits following the Elements Test appear less likely to grant preliminary injunctions than do courts in circuits following the Sliding Scale Test. This circuit split is ripe for the Supreme Court to resolve.