There ISN'T ONE @Vooker.

ZERO entities other than the Federal Government and its agencies are immune from this requirement.

The Sierra Club wants an injunction that kills a billion dollar capital project? Not only do they have to post the billion they also have to post the prospective profit from it if it went forward during the impaired period of time and until they do THE INJUNCTION IS NOT VALID.

Now if you can find a surety company that will write that you don't have to post it in cash but you DO have to find a surety company that can write something of that size AND they have to be satisfied that if you lose they can collect FROM YOU because they're going to have to pay!

Injunctions (TROs are just an even more-extreme, in that they're almost-always ex-parte) are EXTRAORDINARY remedies. They have denied the other party the right to either a full evidentiary hearing and discovery (and in the case of a TRO they deny the other party EVEN AN APPEARANCE!) and while there is a multi-part test that the judge is supposed to consider he can get it wrong and, if he's misled by the filing party, WILL GET IT WRONG because he has no means to obtain the remainder of the facts.

Rule 65(c) is designed for the specific purpose of preventing that sort of bull****. You ONLY go into Federal Court asking for one of these if you're damn sure you're right because if you're wrong you're ****ed.

I don't know precisely when ignoring this rule became so popular but I DO know that today it is and that in the last couple of decades when it comes to "green" **** along with various sorts of obstruction by NGOs of this stripe and that it is part of their playbook. That's illegal and while one can look to the judiciary on this judges are only there to decide controversies placed before them so if the OTHER SIDE doesn't raise it why is it the JUDGE'S job to do so?

It isn't so if you want to know where the problem is look to the so-called "Attorney general" and pResident and if you think TRUMP does not understand this, being that he's done property development and had plenty of involvement in both state and federal courts you are out of your damn mind.

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