Wednesday, July 02, 2008

The Lands Council v. McNair (9th Cir. - July 2, 2008)

When it's an environmental case, and you're on the side of the environment, you're pretty happy to see Judges Reinhardt and Ferguson drawn for your panel. Which is exactly what transpired last year, and the result was a reversal of the district court, which had refused to enter a preliminary injunction on behalf of the plaintiffs.

But, as they say, it ain't over until the fat lady sings. And, in this setting, the "fat lady" is a group of eleven Ninth Circuit judges. Which promptly reverses the panel's decision. On a vote of 11-0.

Talk about a crush.

P.S. - Judge Milan Smith: Did you deliberately issue the opinion exactly one year to the day after the panel's original opinion (of July 2, 2007)? If so: Nice touch!