National Parks Conservation Association v. Semonite

Army Corps of Engineers authorizes Virginia power company to build electrical towers across a river. Conservation groups sue. In the district court, the Corps opposes a preliminary injunction: Don’t worry, we can always remove the towers later. Then again, opposing an injunction pending appeal: Don’t worry, we can always remove the towers later. The D.C. Circuit invalidates the project. Then the Corps: Actually, we finished the project a week before the circuit decision and didn’t tell anyone. Since there’s $400 mil invested in the towers, can they please stay up? D.C. Circuit: This is “more than a little troubling.” The district court will decide whether the Corps is barred from making this argument.

Tags: 2019, D.C. Circuit, Environmental Law, Preliminary Injunction

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