ELR Citation: 47 ELR 20149
No(s). 1:17-cv-01320-LJO-MJS (E.D. Cal. Nov 16, 2017) (O'Neill, J.)

A district court held that a Forest Service fire salvage restoration project could proceed despite its risk to protected species. The Cedar Fire began on August 16, 2016, and burned for three weeks over 29,000 acres of mixed conifer and white fir forest, most of which were in the Sequoia National Forest. The Service approved a plan to treat a strip of land along an area of roadways affected by the Cedar Fire. Environmentalist sought to halt the project because of its risk to three species, one of which is listed as endangered under the ESA. The Service argued that it had done multiple studies demonstrating that the project will not impact the known habitat of the species in question. The court held that while environmental concerns represent a significant public interest, given the chances of demonstrating environmental harm on the merits, along with the very serious safety concerns related to removal of hazard trees near roads and recreation sites, the public interest tips strongly against granting the preliminary injunction. The injunction was denied.