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Surviving Winter - The Ninth Circuit Reaffirms the "Serious Questions" Test for Injunctive Relief
In an article published in the Fall 2011 issue of Litigation Journal, Paul Conable and Frank Weiss discuss the recent opinion authored by Judge William A. Fletcher - Alliance for the Wild Rockies v. Cottrell. In the opinion, the Ninth Circuit held that one aspect of its "sliding scale" test for preliminary injunctive relief, the "serious questions" approach, remains good law. The viability of any part of the sliding scale test had been an open question following the Supreme Court's opinion in Winter v. NRDC.