9th Circ. Halts Mont. Logging, Clarifies Winter Test

Law360, New York (July 30, 2010, 6:14 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit has overturned a district court order and halted a logging plan in a Montana national forest, in a decision that clarifies the circuit's take on preliminary injunctions and the Winter test.

The Ninth Circuit said Wednesday that “serious questions” on the merits are enough to warrant a preliminary injunction if the threat of harm is sufficient.

The decision splits it from circuits that have taken a more stringent approach on injunctions since the U.S. Supreme Court's 2008...
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