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Diné Citizens v. Jewell, — F.3d —, 2016 WL 6301136 (10th Cir. Oct. 27, 2016)

Oct 27, 2016

Prior to this case, a party could receive a preliminary injunction by showing that the case presents a serious and important question, if a strong showing is made that the other elements of the preliminary injunction test are met.  In response to a Supreme Court decision, the court held that a showing of likelihood of success is always required, and the relaxed “serious question” test is no longer permissible.