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Supreme Court Denies States' Request to Hear Asian Carp Case

News reports say the Supreme Court denied Michigan's request to grant cert after Michigan's request for a preliminary injunction was denied by the federal court. 

I've written about the problems posed by the Asian Carp invasion into the Great Lakes.  The states near the Great Lakes have tried to compel the federal government into taking more robust action to address the invasive species and the threats posed by the carp.  My earlier blog posts here, here, here.

The Questions Presented were:

This multi-sovereign dispute involves the imminent invasion of Asian carp into the Great Lakes ecosystem. Although the Seventh Circuit Court of Appeals concluded that catastrophic harm has a “good” or “perhaps even a substantial” likelihood of occurring, Pet. App. 4a–5a, it affirmed the district court’s denial of even the plaintiffs’ most modest requests for injunctive relief. The Seventh Circuit’s opinion raises two questions for this Court’s review:

1. Whether a request for multiple types of preliminary-injunctive relief requires a balancing of harms with respect to each form of relief requested.

2. Whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction.

 

Movie Review - Act of Valor

I was standing in line at the theater today and an off-duty Marine was contemplating going into a movie 15 minutes after it started. I asked if he was going to see Act of Valor and he said yes. He asked if it was good. On this Oscars night, I had to reply, it is ACTION. It is the action of the Naval Special Warfare community. I don't think it will win any Academy Awards for acting, but viewers will see what special operations looks like.

This is Top Gun for the Naval Special Warfare community. You will see HALO parachute jumps, underwater infiltration and riverine combat. You will see snipers, door to door close quarters combat and a hostage rescue. Typically, one would think that the SEAL team on a deployment off the West Coast wouldn't see that much action, but, well it is a movie.

This movie is special not because of the great acting or plot, but rather the knowledge that the characters are indeed real and the military capabilities you are viewing are what the Navy brings to a fight.

There are several hold-your-breath moments, perhaps the most notable is an ex-filtration of a SEAL team using a small boat unloading on some bad guys with miniguns. As you watch the scene, realize that this scene used live rounds.

The Coastie in me felt cautious about the SEAL boats blasting full bore into unknown rivers and streams at high rates of speed. One underwater tree trunk and "game over man." My sources tell me that the boats are very shallow draft and use jet drives (so no propellers). Good thing I'm not driving it, otherwise the ex-fil would be late.So, if you are a water-person, suspend that disbelief.

In sum, go see the show and be proud that America has such brave warriors who, usually, go unseen and unheralded.

The trailer gives you a little glimpse of a two hour adventure.

News Flash - SCOTUS Grants Cert to 11th Circuit Case: What is a vessel?

The Supreme Court granted cert in the case of Lozman v. City of Riviera Beach. My earlier post on the decision from the 11th Circuit is here. The opinion below is here.

The Question Presented: Whether a floating structure that is indefinitely moored receives power and other utilities from shore and is not intended to be used in maritime transportation or commerce constitutes a "vessel" under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction.The Petitioner sent me links to the cert phase briefs and other coverage, here and here.

Stay tuned.

 

University of Hawaii Law School Panel on Professional Responsibility

Supreme Court Justice Speaks in Honolulu

Tonight, Supreme Court Justice Sotomayor will be speaking to members of the Hawaii State Bar Association at Aliiolani Hale.  Her speech is entitled:  A Conversation with Justice Sotomayor:  Work Ethic and What It Takes to be a Supreme Court Justice.

After she was nominated to the Court, I digested her decisions relating to admiralty or maritime law here.