TITLE

Reframing the Judicial Approach to Injunctive Relief for Environmental Plaintiffs in Monsanto Co. v. Geertson Seed Farms

AUTHOR(S)
Axtell, Sarah
PUB. DATE
May 2011
SOURCE
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p317
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Monsanto Co. v. Geertson Seed Farms, the Supreme Court reversed the Ninth Circuit's permanent injunction against partial deregulation and planting of genetically engineered alfalfa. The Court held that a four-factor test applies when a plaintiff seeks a permanent injunction to remedy a National Environmental Policy Act violation. Even though the only remedy available to the plaintiffs was an injunction, the Court reasoned that it was overbroad because irreparable harm to the environment was not certain. This Note argues that the Monsanto decision cuts away at the longstanding judicial approach of granting near automatic injunctions for environmental harms by requiring judges to instead follow a balancing test to determine whether an injunction should issue. Further, it discusses how the Monsanto decision fits into established trends of the conservative Supreme Court. Finally, this Note analyzes the implications of the four-factor balancing test, focusing on how it affects the availability of judicial remedies and the standards of judicial review.
ACCESSION #
66612349

 

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