· 4/18/1996
United States of America, United States of America, State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-Appellee
Citations
- 81 F.3d 1329
- 26 Envtl. L. Rep. (Envtl. Law Inst.) 21012
- 42 ERC (BNA) 1481
- 1996 U.S. App. LEXIS 8666
- 1996 WL 185815
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that in cases where a defendant’s conduct was willful, a court was not required to balance the equities
- holding that to constitute affirmative misconduct, “at a minimum the official must intentionally or recklessly mislead the estoppel claimant.”
- recognizing that allowing each state to set air quality standards for local businesses would encourage industries to shift to states with most lenient standards
- noting that applying the doctrine of equitable estoppel against the government can raise a variety of potential separation of powers problems
- explaining that “statutory violations do not, in and of themselves, constitute irreparable harm for purposes of injunctive relief on a preliminary basis”
- explaining that “statutory violations do not, in and of themselves, constitute irreparable harm for purposes of injunctive relief on a preliminary basis”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, King, Higginbotham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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