Humane Society of the United States v. Gutierrez

ORDER

Appellants challenge the decision of the National Marine Fisheries Service (“NMFS”) to authorize the states of Oregon, Washington and Idaho to lethally remove certain California sea lions preying on endangered or threatened salmon and steelhead fish at the Bonneville Dam (“NMFS Approval”).

Appellants move for a stay of the NMFS Approval pending appeal. Appellees oppose the motion.

A party seeking a stay must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of relief, that the balance of equities tip in his favor, and that a…