Home » Articles » Volume 45 » Issue 3 » Court Opinions » Ninth Circuit » League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton (No. 13-35653, 2014)

 
 

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton (No. 13-35653, 2014)

 

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Opinion

Summary [1]

The panel affirmed in part and reversed in part the district court’s denial of a motion to preliminarily enjoin the Snow Basin logging project in Oregon, and remanded for entry of a preliminary injunction, the scope of which the district court should determine on remand.

The panel held that the plaintiffs had shown that they are likely to prevail on their National Environmental Policy Act (“NEPA”) claim regarding the final Environmental Impact Statement’s discussion of elk habitat because that discussion was insufficiently clear, and therefore the analysis of the project’s effects on elk failed to satisfy NEPA requirements.

The panel also held that the plaintiffs had shown that absent a preliminary injunction, they were likely to face irreparable harm.

The panel further held that the plaintiffs had shown that the balance of equities tipped in their favor, and that the public interest supported the granting of a preliminary injunction.

The panel reversed the district court on this claim, but affirmed the district court’s determination that the plaintiffs were not likely to succeed on their remaining claims.

The panel remanded with instructions for the district court to enter a preliminary injunction sufficient to protect the status quo while the United States Forest Service completed a supplemental environmental impact statement

Footnotes    (↵ returns to text)

  1. This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
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