The Research On Injunction Relief Standards Of American Environmental Civil Action Suit

In modern common law, injunction is a mandatory order which thecourt ask the party not to do or do something. According to differentprocedures and time, injunction is divided into temporary restrainingorder, preliminary injunction and permanent injunction. In environmentalfield, all of injunctions must satisfy four requirements: a strong likelihoodof success on the merits, the possibility of irreparable injury to plaintiff ifpreliminary relief is not granted, a balance of hardships favoring theplaintiff and advancement of the public interest. Although they all need tomeet four conditions, different injunctions have different emphases.Because temporary restraining order and preliminary injunction areissued in an emergency before conclusion of a lawsuit, the court willthink a strong likelihood of success on the merits seriously. Whilepermanent injunction is issued when a case is clear, so the court will think highly of irreparable environmental injury. In order to make interestsbalance between the two parties, the court will consider partial injunction.It is issued when other interests are lost and it is injustice if not makecompensation.The injunction system of American environmental civil action canhelp us to perfect our similar injunction system. We can use the Americaninjunction for reference to make our injunction clear and definite, thuspromoting the effectiveness of injunction in our country. It is ultimatelyuseful to prevent environmental pollution and protect the environment.