¹ Inst. of Cetacean Research v. Sea Shepherd Conservation Soc’y, 708 F.3d 1099 (9th Cir. 2013), amended by 2013 U.S. App. Lexis 10717 (9th Cir. May 24, 2013).

² Id. at 1101.

³ International Convention for the Regulation of Whaling, Dec. 2, 1946, 62 Stat. 1716, 161 UNTS 74.

⁴ 28 U.S.C. §1350.

⁵ See U.S. Supreme Court Unanimously Rejects Alien Tort Statute Jurisdiction in Kiobel, this issue.

⁶ Cetacean Research, 708 F.3d at 1101.

⁷ “The district judge’s numerous, serious and obvious errors identified in our opinion raise doubts as to whether he will be perceived as impartial in presiding over this high-profile case.” Id. at 1106.

⁸ Inst. of Cetacean Research v. Sea Shepherd Conservation Soc’y, 702 F.3d 573 (9th Cir. 2012).

⁹ Cetacean Research, 708 F.3d at 1106.

¹⁰ Id. at 1101.

¹¹ Id.

¹² Id.

¹³ Id. at 1102.

¹⁴ Id.

¹⁵ Id.

¹⁶ Id. (“A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest” (quoting Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)).).

¹⁷ Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Mar. 10, 1988, S. Treaty Doc. No. 101-1 (1989), 1678 UNTS 222.

¹⁸ Convention on the International Regulations for Preventing Collisions at Sea, Oct. 20, 1972, 28 UST 3459, 1050 UNTS 18.

¹⁹ Cetacean Research, 708 F.3d at 1103.

²⁰ Id.

²¹ Id.

²² Id. at 1103–04 (citation omitted).

²³ Id. at 1104 (citation omitted).

²⁴ Id.

²⁵ Id. (citation omitted).

²⁶ Id. at 1104–05.

²⁷ Id. at 1105.

²⁸ Id. at 1105–06.