ELR Citation: ELR 20196
No(s). 09-35756 (9th Cir. Jul 28, 2010)

The Ninth Circuit reversed a lower court decision denying an environmental group's motion to preliminarily enjoin a timber salvage sale in the Beaverhead-Deerlodge National Forest. The group showed that there was a likelihood of irreparable harm; that there were at least serious questions on the merits concerning the validity of the Forest Service's Emergency Situation Determination; that the balance of hardships tips sharply in its favor; and that the public interest favors a preliminary injunction. In so ruling, the court clarified that the "serious questions" version of the sliding scale test for preliminary injunctions remains viable after the U.S. Supreme Court's decision in Winter v. Natural Resources Defense Council, 129 S. Ct. 365, 38 ELR 20279 (2008).