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Restoring Tradition: The Inapplicability Of Tva V. Hill's Endangered Species Act Injunctive Relief Standard To Preliminary Injunctive Relief Of Non-Federal Actors, Brandon M. Middleton

Brandon M Middleton

While traditional equitable analysis requires the balancing of harms to affected parties and the assessment of the public interest when considering preliminary injunctive relief, courts have largely declined to do so in Endangered Species Act litigation. This unique approach stems from the Supreme Court’s landmark 1978 Endangered Species Act decision, TVA v. Hill. More recent Supreme Court decisions, however, suggest that TVA should not be read so broadly, and that the traditional approach to preliminary injunctions offers no exception. This article examines the development of the TVA preliminary injunctive relief approach in the lower courts. It then discusses why this …