Diné Citizens Against Ruining Our Environment v. Jewell

LUCERO, Circuit Judge,

concurring in part and dissenting in part.'

My colleagues in the majority conclude that our longstanding circuit precedent allowing courts to consider the four preliminary injunction factors in a holistic fashion has been impliedly overruled by Winter v. Natural Resources Defense Council, 555 U.S. 7, 129 S.Ct. 365, 172 L.Ed.2d. 249 (2008). (Majority Op. 1281-83.) I disagree that the Supreme Court has sub silentio reversed a decades-old standard used by a majority of circuits. Accordingly, I respectfully dissent in part.

I

For more than fifty years, we have held that a…