ELR Citation: ELR 20062
No(s). 05-16776 (9th Cir. Mar 24, 2006)

The court reverses a district court's denial of environmental groups' motion to preliminarily enjoin two U.S. Forest Service post-fire restoration projects in the El Dorado National Forest. The groups argued that the environmental impact statements (EIS) for the projects did not comply with the National Environmental Policy Act (NEPA) because the Forest Service used faulty scientific methodology in developing tree mortality guidelines and because the EIS failed to adequately consider adverse impacts on the California spotted owl. They also argued that the EIS failed to comply with the National Forest Management Act (NFMA) because the Forest Service did not compile sufficient population data for certain bird management indicator species. Because the groups showed a strong likelihood of success on the merits of their claims that the EIS did not comply with NEPA or the NFMA, and because they otherwise satisfied the requirements for a preliminary injunction, the court reversed the lower court's denial. The court accused the Forest Service of apparently being more interested in harvesting timber than in complying with environmental laws.