Mahler v. United States Forest Service

ELR Citation: 55 ELR 20022
No(s). 4:24-cv-00174-TWP-KMB (S.D. Ind. Feb 10, 2025) (Pratt, J.)

A district court denied environmental groups' motion to preliminarily enjoin a tornado recovery operations project in Hoosier National Forest. The groups argued the Forest Service improperly excluded the project from NEPA's research and reporting requirements and began implementing the project before adequately studying its environmental effects. They sought a preliminary injunction, alleging four types of irreparable harm: harm to tricolored bats, damage to historic sites, removal of healthy old growth trees, and "informational harm." The court found the groups failed to demonstrate "likely" irreparable harm to tricolored bats or historic sites, and failed to address harm resulting from the removal of healthy old growth trees and informational harm in their briefs. It held that damage to the environment is a type of damage that is typically irreparable, but that the groups had not shown imminent, irreparable harm from the remaining project activities, and it denied the motion.

You must be an ELI Member to access the full content.

You are not logged in. To access this content: