ELR Citation: ELR 20091
No(s). J89-016 Civ (D. Alaska Mar 7, 1990)

The court, for the most part, holds that a group of commercial fishermen and subsistence users are entitled to a preliminary injunction of the Forest Service's authorization of logging activities that could increase the adverse environmental impact on stream fisheries in the Tongass National Forest. The court holds that plaintiffs' evidence raises a strong inference that the Service erred when it determined that effective and consistent application of the mitigation option selected in its environmental impact statement (EIS) will prevent any significant reduction in fish habitat capability. Although the EIS indicates that the Service was aware of past mitigation failures, the EIS insufficiently explains why its proposals for monitoring and enforcement make past experience a poor indicator of future occurrences. As a result, the court holds that plaintiffs have shown a likelihood that they will succeed on the merits of their claim that the Service's mitigation option selection was arbitrary and capricious. The balance of the competing equities tips in favor of the injunction, because the likelihood and extent of environmental injury is substantial, whereas the likelihood and extent of economic injury can be mitigated if the court narrowly tailors the injunction. Finally, public interest favors granting the injunction to preserve the environmental status quo pending final disposition of plaintiffs' claims.

Counsel for Plaintiffs
Robert E. Lindekugel
P.O. Box 21254, Juneau AK 99802
(907) 463-3159

Counsel for Defendants
Bruce M. Landon
Land and Natural Resources Division
Department of Justice, 222 W. Seventh Ave., No. 69, Anchorage AK 99513
(907) 271-5452