Winter v. Natural Resources Defense Council, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-1239 | 9th Cir. |
Oct 8, 2008 |
Nov 12, 2008 | 6-3 | Roberts | OT 2008 |
Issue: Whether courts below properly enjoined the Navy's use of sonar during certain training exercises for failure to conduct an environmental impact statement over a finding of emergency circumstances by the Council on Environmental Quality.
Judgment: Reversed, 6-3, in an opinion by Chief Justice John Roberts on November 12, 2008.
SCOTUSblog Coverage
- Opinion Recap: Winter v. NRDC (Eliza Presson, November 17, 2008)
- Court rules for Navy in sonar use (Lyle Denniston, November 12, 2008)
- Argument Recap: Winter v. NRDC (Eliza Presson, October 13, 2008)
- Winter v. NRDC: Just How “Separate†Is The Separation of Powers Doctrine? (Eliza Presson, October 9, 2008)
- Garre now has the job, in full (Lyle Denniston, October 6, 2008)
- A new vote for property rights? (Lyle Denniston, June 23, 2008)
- Conference Call: DOJ Asks Court to Approve Navy Training (Ben Winograd, June 16, 2008)
Briefs and Documents
Merit briefs
- Brief for Petitioner Donald C. Winter, Secretary of the Navy
- Brief for Respondent Natural Resources Defense Council, Inc.
- Brief for Respondent the California Coastal Commission
- Reply Brief for Petitioner Donald C. Winter, Secretary of the Navy
Amicus briefs
- Brief for the California Forestry Association, the American Farm Bureau Federation, the American Forest & Paper Association, CropLife America, and the National Association of Home Builders in Support of Petitioner
- Brief for the Pacific Legal Foundation in Support of Petitioner
- Brief for the Navy League of The United States – Honolulu Council, Admiral Thomas B. Hayward, Admiral Ronald J. Hays, Admiral R.J. “Zap†Zlatoper, Vice Admiral Peter M. Hekman, Vice Admiral Robert K.U. Kihune, Rear Admiral Richard C. Macke, Rear Admiral Lloyd “Joe†Vasey, Rear Admiral George Huchting, Rear Admiral Stephen R. Pietropaoli, the Navy League of the United States, Military Affairs Council of the Chamber of Commerce of Hawaii, Southwest Defense Alliance, San Diego Regional Chamber of Commerce, and the San Diego Military Advisory Council in Support of Petitioner
- Brief for the Washington Legal Foundation, Rear Admiral James J. Carey, U.S. Navy (Ret.), the National Defense Committee, and Allied Education Foundation in Support of Petitioner
- Brief for the Ecological Society of America in Support of Respondent
- Brief for Defenders of Wildlife, the Humane Society of the United States, the Center For Biological Diversity, Oceana, Inc., Sierra Club, the Wilderness Society, the Animal Legal Defense Fund, and Greenpeace, Inc. in Support of Respondent
- Brief for Law Professors Michael C. Small, Jonathan D. Varat, and Adam Winkler in Support of Respondent
- Brief for California Assembly Member Julia Brownley and California Senator Christine Kehoe in Support of Respondent
Certiorari-stage documents
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Brief of California Forestry Association in support of the Petitioners
- Letter from Chairman Connaughton to Secretary Winter
- Petitioner's reply
