Conservation Congress & Klamath Forest Alliance v. United States Forest Service

ORDER

This case arises from the planned sale of timber located in the Shasta-Trinity National forest. This court previously enjoined the “Pilgrim project,” as the timber sale is known, and remanded the matter back to the U.S. Forest Service for further action. Order, May 14, 2008, ECF No. 39. In September 2010, the court granted the Forest Service’s motion for relief from the judgment and dissolved the injunction. ECF No. 73. Plaintiffs have appealed to the Ninth Circuit, and now move for this court to issue an injunction pending appeal.

I. Background

Plaintiffs Conservation Congress and Klamath Forest Alliance filed this suit on December 20, 2007, seeking declaratory and injunctive relief for defendant’s alleged violations of the National Forest Management Act (“NFMA”), the National Environmental Policy Act (“NEPA”), and related regulations. Plaintiffs alleged that the Forest Service violated those laws in its preparation of the Pilgrim Vegetation Management Project because the planned project did not comply with the Shasta-Trinity national Forest Land and Resource Management Plan (“LRMP”) and the Northwest Forest Plan Record of Decision (“NWFP RPD”). In particular plaintiffs…