FILED

NOT FOR PUBLICATION JUN 24 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ALLIANCE FOR THE WILD ROCKIES; No. 09-35756

NATIVE ECOSYSTEMS COUNCIL,

D.C. No. 9:09-cv-00107-DWM Plaintiffs - Appellants,

v. O R D E R*

JANE L. COTTRELL, in her official capacity as acting Regional Forester;

UNITED STATES FOREST SERVICE,

an agency of the United States Department of Agriculture,

Defendants - Appellees.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted February 2, 2010

Seattle, Washington

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: W. FLETCHER and RAWLINSON, Circuit Judges, and MOSMAN, ** District Judge.

We reverse the order of the district court denying Plaintiffs-Appellants’

motion for a preliminary injunction.

We remand this action to the District Court for the District of Montana, with

direction to enter a preliminary injunction ordering Defendants forthwith to cease

implementation of the Rat Creek Salvage Project.

An opinion will follow in due course.

** Hon. Michael W. Mosman, United States District Judge for District of Oregon sitting by designation.

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