ELR Citation: ELR 20827
No(s). 5834 (D. Wyo. Jun 11, 1973)

The court upholds a Forest Service threshold determination that no environmental impact statement was required for two proposed timber sales that will result in the clearcutting of 670 acres in a nominally roadless area inhabited by an elk herd. The agency's finding that the sales do not represent a major federal action significantly affecting the environment was based on a consideration of the relevant factors and was neither arbitrary nor an abuse of discretion, which is the proper standard for reviewing NEPA threshold determinations. Plaintiffs' motion for a preliminary injunction is denied because they failed to demonstrate the danger of irreparable injury, while such an injunction would impose severe economic hardship on the lumber company which purchased the timber and on the town in which the company is located.

Counsel for Plaintiffs
John R. Hursh
P.O. Box 807
Riverton, WY 82501

John D. Leshy
Toby Sherwood
Natural Resources Defense Council, Inc.
664 Hamilton Avenue
Palo Alto, CA 94301

Jack Speight
1807 Capitol Avenue
Cheyenne, WY 82001

Counsel for Defendants
Richard V. Thomas, U.S. Attorney
Federal Building
Cheyenne, WY 82001

Richard I. Leedy
James L. Hettinger
Hettinger & Leedy
214-222 Masonic Temple Building
Riverton, WY 82501