Weinberger v. Romero-Barcelo

456 U.S. 305 (1982)

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Nature of the Case

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Facts

The U.S. Navy used Vieques Island off the Puerto Rican coast to do live fire training. In 1978, the Governor of Puerto Rico and residents of the island sued to enjoin the Navy's operations alleging that there were numerous violations of federal environmental statutes and various other acts. The District Court found that the Navy violated the Act by discharging ordnance into the waters surrounding the island without first obtaining a permit from the EPA. The Court also found that these discharges have not harmed the quality of the water. The EPA could not issue a permit without state certification that the permit conforms to state water quality standards. The Court ordered the Navy to apply for a permit but refused to enjoin Navy operations pending consideration of the permit. The Court justified this position by quoting from a classic description of injunctive relief in that it was within the discretion of the court and that it was designed to deter and not to punish. The Court ruled that this technical violation was not causing any appreciable harm to the environment. The court held that the granting of an injunction would cause grievous and perhaps irreparable harm not only to the Navy but also to the general welfare of the Nation. The court concluded that an injunction was not necessary to ensure suitably prompt compliance by the Navy. The Court of Appeals vacated the ruling and ordered the Court to order the Navy to cease the violation until it obtained a permit; this decision relied on TVA v. Hill 437 U.S. 153 (1978) that held that an imminent violation of the Endangered Species Act required injunctive relief. The Court of Appeals reasoned that the District Court erred in undertaking the traditional balancing of the parties’ competing interests. The Supreme Court granted certiorari.