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.
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