by Corbin Barthold
Washington Legal Foundation
April 26, 2010
The Washington Legal Foundation (WLF) filed an amicus brief in the case supporting Monsanto. WLF’s brief focuses primarily on defending Monsanto’s entitlement to an evidentiary hearing on the likelihood of irreparable harm. WLF argues that the District Court and Ninth Circuit mistakenly conflated the purpose of Animal and Plant Health Inspection Service’s (APHIS) analysis of environmental harm for its Environmental Impact Statement with a court’s equity analysis, and that APHIS’s slightly similar undertaking does not give any legal justification for a court to issue a broad injunction without considering whether narrower, more tailored, and far less economically destructive protective measures will be adequate.

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