ELR Citation: ELR 20795
No(s). C-73-1263-SAW (N.D. Cal. Aug 16, 1973)

A preliminary injunction is issued against roadbuilding and logging by a private company on the Pocket parcel of the Nye Timber Sale, since the U.S. Forest Service's decision not to file an environmental impact statement for the sale may have been erroneous. The proposed lumbering activity may present a major federal action significantly affecting the environment, and thus fall under the requirements of NEPA, by damaging land that has wilderness characteristics. The Crockett parcel portion of the sale is excluded from the injunction since all the environmental damage complained of there has already occurred. Defendants' defenses of laches, non-exhaustion of administrative remedies, and lack of standing are overruled, and the court notes that the public interest supports granting an injunction to save a wilderness area.

Counsel for Plaintiffs
Evelle J. Younger Attorney General
Alexander Henson Deputy Attorney General
E. Clement Shute, Jr. Deputy Attorney General
State Building
455 Golden Gate Avenue
San Francisco, CA 94102

Counsel for Defendants
James L. Browning U.S. Attorney
Paul E. Locke Asst. U.S. Attorney
Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102
Paul Renne Cooley, Godward, Castro,
Huddleson & Tatum
Alcoa Building
1 Maritime Plaza
San Francisco, CA 94111