ELR Citation: ELR 20182
No(s). 07-16892 (9th Cir. Aug 13, 2009)

The Ninth Circuit reversed a lower court decision denying environmental groups' motion to preliminarily enjoin three logging projects in the Plumas National Forest in California. The U.S. Forest Service issued the contracts in its attempt to fund fire prevention activities. Among other claims, the groups argued that the Service violated NEPA by failing to consider a reasonable range of alternatives before adopting its "2004 Framework," an amendment to the forest plans governing California's Sierra Nevada region, including Plumas. The groups sought a preliminary injunction that would allow the three logging projects to proceed only to the extent they are consistent with the Service's 2001 Framework. The lower court denied the injunction, and this court reversed based on its finding that the groups demonstrated a likelihood of success on the merits of their NEPA claim. Since then, however, the U.S. Supreme Court issued its decision Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 39 ELR 20279 (2008). This decision requires the court to revisit its holding with respect to the factors governing preliminary relief other than likelihood of success on the merits—irreparable harm, balancing of equities, and the public interest. The court, therefore, modified its earlier opinion and remanded the case so the lower court can assess these non-merits factors in the context of the narrow injunction the groups requested—to halt the three site-specific projects only to the extent they are inconsistent with the 2001 Framework.