The temporary restraining order is in place “until the parties have an opportunity to present evidence at a preliminary injunction hearing before the Court.
The judge ruled that Texas would likely succeed in the Courts on the merits because the state owns the wires and established that the government damaged the wires. Plus, the government did not have permission “to interfere with the wires.”The Plaintiff preliminarily establishes that it would face irreparable harm without a temporary restraining order.
Moses also found that Texas satisfied the requirements for the temporary restraining order based on public interest “but just barely.” The judge agreed that stopping “unlawful activity, including illegal entry, is in the public interest.” However, Moses said she recognized “a countervailing public interest…in allowing BP agents to address medical emergencies.”
Therefore, the restraining order “includes a narrow exception” to allow the government “to move or cut the concertina wires to aid individuals in medical distress.”The preliminary injunction will occur on November 7.
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