Civil Procedure Keyed to Yeazell
Winter v. Natural Resources Defense Council, Inc.
The Naval training exercises for the last 40 years include the use of modern sonar to detect and track submarines, including active sonar which involves emission and receiving of ultrasonic waves. The Natural Resources Defense Council (the Council) (P) opposes this because of the possible harm it may cause to marine mammals, including hearing loss, decompression sickness and major behavioral changes. The federal Marine Mammal Protection Act of 1972 prohibits harassment of marine mammals, but such actions may be exempted by the Secretary of Defense if he feels they are necessary in the interests of national defense. Such an exemption had been granted for naval training using sonar. Another federal act, the National Environmental Policy Act of 1969, makes it mandatory for federal agencies to assess and state the environmental impact of every federal action which has a significant effect on the environment. The exception is if the agency conducts a smaller-scale environmental assessment (EA), based on which it determines that there is no significant impact of the planned activity on the environment. This type of EA was prepared by the Navy in 2007. This was followed by the Council (P) suing the Navy (D) to stop the naval use of sonar in its training programs. The preliminary injunction in favor of the Council (P) and against the Navy (D) was granted, and upheld in the U.S. Court of Appeals for the Ninth Circuit.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.