ELR Citation: ELR 20152
No(s). 1:96-CV-926-FMH (N.D. Ga. May 8, 1996)

The court preliminarily enjoins the U.S. Forest Service to cause the cessation of logging and road-building activities in seven areas of the Chattahoochee and Oconee National Forests in Georgia. The Forest Service had authorized timber projects in those areas. The court first holds that plaintiff environmental groups have shown a substantial likelihood of success on their claims that the Forest Service did not act in accordance with the law and that it thus violated the Administrative Procedure Act (APA). The evidence shows that thousands of migratory birds will be killed by cutting down trees in those areas. Therefore, the Forest Service violated the Migratory Bird Treaty Act (MBTA). The court rejects the Forest Service's contention that the court lacks jurisdiction over the groups' claims. The groups can sue under the APA for the Forest Service's violations of the MBTA, notwithstanding the fact that the MBTA is a criminal statute that creates no private right-of-action. The groups have standing, because they have interests that have been adversely affected by the Forest Service's actions and their interests are within the zone of interests that the MBTA seeks to protect. Further, their injury is not a generalized grievance shared by a large class of citizens. And the APA sanctions the relief that they seek.

The court next holds that the groups will suffer irreparable harm if the court does not issue an injunction. The potential killing of 2,000 to 9,000 migratory birds is more than sufficient to show significant irreparable harm, and no monetary award can recompense the groups for the birds' death. Also, balancing harms favors issuing the injunction. Congress' interest in protecting migratory birds outweighs the Forest Service's interest in its ability to manage forests, because any affect on that ability is de minimis. And the public interest in preserving vital aspects of the environment outweighs the contribution of timber contracts to the local economy.

Counsel for Plaintiffs
Donald Stack
Law Offices of Donald Stack
100 Peachtree St. NW, Atlanta GA 30303
(404) 525-9205

Counsel for Defendants
Lois Schiffer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

HULL, District Judge