National Wildlife Federation, Great Bear Foundation v. Burlington Northern Railroad, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the ESA “reveals a conscious decision by Congress to give endangered species priority over the ‘primary missions’ of federal agencies”
• differentiating Strahan on the grounds that \the harm asserted by the navy implicates national security and therefore deserves greater weight than the economic harm at issue in Strahan\
• finding a district court did not clearly err in finding plaintiff failed to establish a likelihood of irreparable future injury based on past accidental injuries to protected grizzly bears
• in ESA cases, “Congress removed from the courts their traditional equitable discretion in injunction proceedings of balancing the parties’ competing interests”
• \Facts not presented to the district court are not part of the record on appeal.\
• “[T]he ESA demonstrates Congress’ determination that the balance of hardships and the public interest tips heavily in favor of protected species.”

Source: CourtListener parenthetical corpus (CC0).