ELR Citation: ELR 20544
No(s). 89-4226 (S.D. Ill. Sep 8, 1989)

The court holds that plaintiff does not have standing to sue for a temporary restraining order (TRO) to prevent a timber sale and harvest on a 40-acre tract in a national forest where his only contact with that land was one visit. Furthermore, the plaintiff would have lost on the merits of his National Environmental Policy Act claim. The plaintiff's claim that the Forest Service used a deficient methodolgy in preparing the environmental assessment is likely to fail because the agency has much leeway in determining a sufficient methodolgy. The plaintiff's claim that the Forest Service should require an environmental impact statement (EIS) is likely to fail because an agency's decision not to prepare an EIS will be set aside only if it is an abuse of discretion not to prepare one. The Forest Service reasonably concluded that a 40-acre harvest in a 260,000-acre forest is not a major federal action significantly affecting the environment. Finally, plaintiff has failed to demonstrate that he personally will suffer irreparable harm that would outweigh the harm to defendants if the TRO is not granted.

Counsel for Plaintiff
Mark Donham, pro se
RR1, Brookport IL 62910
(618) 564-2878

Counsel for Defendants
Stephen B. Clark, Ass't U.S. Attorney
750 Missouri Ave., E., St. Louis MO 62201
(618) 482-9361

Leslie M. Auriemmo
Office of General Counsel
U.S. Department of Agriculture
310 W. Wisconsin Ave., No. 200, Milwaukee WI 53203
(414) 297-3774