Case Citator › Earth Island Institute v. U.S. Forest Service

Earth Island Institute v. U.S. Forest Service

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Ninth Circuit
Citation
442 F.3d 1147
Decided
Confirmed treatments
2
Flagged citations read
47 of 47
Citing cases (total)
47
Treatment dates
2008–2015
Abrogated
A reviewed court treats this case as abrogated by later authority. Earth Island Institute v. U.S. Forest Service has been abrogated in part: all 47 flagged citations have been read, with the 2 confirmed treatments listed below. Winter v. Natural Resources Defense Council, Inc. rejected the possibility-of-irreparable-harm standard used for preliminary injunctions in Earth Island; the Ninth Circuit identified that abrogation in Native Ecosystems Council v. Tidwell.
More on how this was screened

Center for Biological Diversity v. Branton declined to apply Earth Island's analysis requirement to an ongoing grazing permit. Earth Island's separate holdings on environmental review and species monitoring continue to be cited.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

47 later cases cite Earth Island Institute v. U.S. Forest Service; 47 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Earth Island Institute v. U.S. Forest Service?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected the possibility-of-irreparable-harm standard that Earth Island used to grant preliminary injunctive relief.

    Winter v. Natural Resources Defense Council, Inc. · Supreme Court of the United States · filed

    We agree with the Navy that the Ninth Circuit’s “possibility” standard is too lenient. Our frequently reiterated standard requires plaintiffs seeking preliminary relief to demonstrate that irreparable injury is likely in the absence of an injunction.
    Read the full opinion on CourtListener →

Limited

  • The court declined to apply Earth Island's pre-approval analysis requirement to an ongoing grazing permit whose effects could be managed through monitoring and adjustment.

    Center for Biological Diversity v. Branton · United States District Court for the District of Arizona · filed

    Second, unlike the Proposed Action, the “site specific actions” at issue in Lands Council, Earth Island, and Native Ecosystems were onetime logging projects whose effects on wildlife viability could not be managed and lessened over time.
    Read the full opinion on CourtListener →

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