Case 1:20-cv-03325-AT Document 43 Filed 05/05/20 Page 13 of 30
III.
Preliminary Injunction
A. Legal Standard
A preliminary injunction sought against government action taken pursuant to a statute or
regulatory scheme requires that “the moving party . . . demonstrate (1) irreparable harm absent
injunctive relief, (2) a likelihood of success on the merits, and (3) public interest weighing in
favor of granting the injunction.” Friends of the E. Hampton Airport, Inc. v. Town of E.
Hampton, 841 F.3d 133, 143 (2d Cir. 2016). Moreover, the movant must show that “the balance
of equities tips in his [or her] favor.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20
(2008). “A showing of irreparable harm is the single most important prerequisite for the
issuance of a preliminary injunction.” Faiveley Transp. Malmo AB v. Wabtec Corp., 559 F.3d
110, 118 (2d Cir. 2009) (internal quotation marks and citation omitted).
Where a moving party seeks a mandatory preliminary injunction requiring a change to
the status quo, as opposed to a prohibitory preliminary injunction that merely maintains the
status quo, the district court “may enter a mandatory preliminary injunction against the
government only if it determines that, in addition to demonstrating irreparable harm, the moving
party has shown a ‘clear’ or ‘substantial’ likelihood of success on the merits.” Thomas v. New
York City Bd. of Elections, 898 F. Supp. 2d 594, 597 (S.D.N.Y. 2012) (quoting Mastrovincenzo
v. City of New York, 435 F.3d 78, 89 (2d Cir. 2006) (internal quotation marks omitted)). This
standard also applies where the injunction “will provide the movant with substantially all the
relief sought and that relief cannot be undone even if the defendant prevails at a trial on the
merits.” People ex. rel. Schneiderman v. Actavis PLC, 787 F.3d 638, 650 (2d Cir. 2015)
(internal quotation marks and citation omitted). Because the Court concludes that Plaintiffs and
Plaintiff-Intervenors meet the more rigorous standard, the Court need not decide whether a
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