ELR Citation: ELR 20177
No(s). 82-1006 FR (D. Or. Aug 30, 1982)

The court denies plaintiffs' motion for a preliminary injunction to halt construction of Bald Mountain Road in the Siskiyou National Forest in Oregon pending resolution of its National Environmental Policy Act challenge to the Forest Service's (USFS') finding of no significant impact concerning the road project. USFS had prepared a programmatic environmental impact statement (EIS) on its plan to manage the Rogue-Illinois Planning Unit for timber harvesting and other non-wilderness uses, and later decided not to prepare a site-specific EIS for the Bald Mountain Timber Sale and Road Project, a part of the plan. After reviewing the programmatic EIS, the court rules that USFS gave adequate consideration to the environmental effects of the proposed road construction and thus reasonably determined not to prepare a site-specific EIS. The court also finds that the road project is not a major federal action, but a part of the federal action already addressed in the EIS. The court concludes that plaintiffs failed to establish a likelihood of success on the merits and the balance of irreparable harm favors defendants. Thus the public interest is served by denying the preliminary injunction motion.

Counsel for Plaintiffs
Edward J. Sullivan, Corinne C. Sherton
O'Donnell, Sullivan & Ramis
1727 NW Hoyt St., Portland OR 97209
(503) 222-4402

Counsel for Defendants
Charles H. Turner, U.S. Attorney; Thomas C. Lee
312 U.S. Cthse., 620 SW Main St., Portland OR 97205
(503) 221-2101

Leonard B. Netzorg
222 SW Morrison St., Suite 216, Portland OR 97204
(503) 228-7276