Winter v. Natural Resources Defense Council, Inc. — Ginsburg, J., Dissenting

Summary

Justice Ginsburg, joined by Justice Souter, dissents, arguing that the Navy’s failure to complete a NEPA environmental impact statement before conducting sonar training defeats the statute’s purpose and that the district court’s injunction and mitigation measures were proper. She contends that the Council on Environmental Quality lacks authority to waive NEPA requirements and that the Navy should have sought congressional relief. Accordingly, she would affirm the Ninth Circuit’s judgment upholding the injunction. The dissent notes the presence of a separate concurrence‑in‑part/dissent‑in‑part by Justice Breyer.