Preserving Flexibility: Alliance for the Wild Rockies v. Cottrell and the Preliminary Injunction Standard

Abstract

A preliminary injunction is an order granted prior to a final judgment on the merits which prevents a party from continuing with a certain conduct. The traditional standard for a preliminary injunction requires that a plaintiff show the existence of four elements: likely irreparable harm, likely success on the merits, balance of hardships in their favor, and that the public interest favors the injunction. Some courts, including the Ninth Circuit Court of Appeals, have applied more flexible versions of this standard in which there is interplay between the elements such that a strong showing of one element might offset a weaker showing of another. This Comment argues that such variations of the preliminary injunction standard are both in line with recent Supreme Court jurisprudence and beneficial to environmental plaintiffs seeking to enjoin parties from destructive practices.