hawaiioceanlaw.com

Hawaii Parasail Ban Case - Feds and State File Briefs in Opposition

The opposition briefing is complete in the UFO Chuting case.

The State of Hawaii's Brief in Opposition is here.

The Solicitor General's office filed its Brief in Opposition is here. 

My colleagues, Robert Thomas and Christi-Anne Kudo Chock, and I filed an amicus brief on behalf of Hawaii's Ocean Tourism Coalition in support of the Petition for a Writ of Certiorari that UFO Chuting filed in the case of UFO Chuting, Inc. v. Smith.  My original post is here.  The Ninth Circuit opinion is here.  My post on UFO's Petition is here.  And, the cert petition itself is here.  

Winter v. NRDC - From the Blogosphere

These are three good posts outlining some of the issues from the Winter v. NRDC case (my resource page here):

From my partner, Robert Thomas, comes his post The Navy Sonar Case and Kelo on his blog www.inversecondemnation.com.

From Professor Gideon Kanner are his two posts, Did Environmental Quibbling Facilitate the Attack on Pearl Harbor? You Tell Us and No Hobgoblinry at the New York Times.

Finally, from SCOTUSBLOG, this is their recap of the oral argument. 

Winter v. NRDC - New York Times Sums it Up Nicely

Great article which cogently explains the issues in the Winter v. NRDC case, here.

Links to the briefs, transcript, lower court materials and other media coverage here.

Winter v. NRDC - Much More Media Coverage

Honolulu Advertiser:  here.

SCOTUSBLOG: here.

L.A. Times: here.

Nature.com: here.

Washington Post:  here. 

I have placed the briefs, lower court opinions/orders and some of the media for this case on a resource page, here.

Winter v. NRDC - Admiral Pietropaoli Interviewed on ABC News

Rear Admiral Stephen R. Pietropaoli, U.S. Navy (ret.), one of the retired Navy Admirals we represented in our amicus brief to the U.S. Supreme Court in the Winter v. NRDC case, was interviewed by ABC News.  The page with video is here.

Winter v. NRDC - Oral Argument Transcript Available

In the Winter v. NRDC case pending before the U.S. Supreme Court, today's oral argument transcript is available here.

The Chief Justice captured the essence of the Navy's League's position when he queried:

CHIEF JUSTICE ROBERTS: I think that's -- I think that's quite right. My question, though, is that at no point that did the district judge undertake a balancing of the equities, putting on the one side the potential for harm to marine mammals that she found -- and that's your point about the record -- and putting on the other side the potential that a North Korean diesel electric submarine will get within range of Pearl Harbor undetected. Now, I think that's a pretty clear balance. And the district court never entered -- never went into that analysis.

Tr. at 48.

I have placed the briefs, lower court opinions/orders and some of the media for this case on a resource page, here.

Winter v. NRDC - Media Covering Oral Arguments Today

Here are some of the media reports covering the oral argument at the U.S. Supreme Court today in the Winter v. NRDC case:

Washington Post:  here.

Opiniojuris.org Blog:  http://opiniojuris.org/2008/10/08/cases-to-watch-this-supreme-court-term/

Switchboard.nrdc blog:  http://switchboard.nrdc.org/blogs/sdodd/whales_get_their_day_in_court.html

L.A. Times today, http://www.latimes.com/news/nationworld/politics/scotus/la-na-scotus9-2008oct09,0,392245.story

My resource page with opinions, briefs and other materials is here. 

Winter v. NRDC - Government's Reply Brief Filed

The government has filed its Reply Brief available here.

The brief we filed on behalf of nine retired Admirals, the Navy League and other civic organizations (as well as many of the underlying decisions and orders) is here.