Winter v. Natural Resources Defense — Breyer, J., Concurring in Part and Dissenting…

Summary

Justice Breyer, concurring in part and dissenting in part, argues that the district court’s injunction imposing two mitigation measures lacks a sufficient factual basis and should be vacated, but he agrees that the Court of Appeals’ modified conditions are appropriate pending the Navy’s EIS. Justice Ginsburg, dissenting, would have affirmed the Ninth Circuit’s judgment upholding the injunction.