Winter

ORDER DENYING DEFENDANTS’ EX PARTE APPLICATION TO VACATE PRELIMINARY INJUNCTION OR TO PARTIALLY STAY PENDING APPEAL AND ORDER VACATING TEMPORARY STAY

This matter is before the Court on remand from the Ninth Circuit Court of Appeals. The Court was instructed to consider the effect of recent executive actions on its January 3, 2008 Order issuing a preliminary injunction, as modified January 10, 2008, and its January 14, 2008 Order Denying Defendants’ Application for a Stay Pending Appeal. The Court has read and considered the Ninth Circuit’s Order, as well as Defendants’ Application for Immediate Vacatur or Partial Stay Pending Appeal, (docket no. 131, filed January 17, 2008), Plaintiffs’ Opposition, and Defendants’ Reply thereto. For the reasons and in the manner set forth below, the Court’s Orders stand and Defendants’ Application is DENIED. The temporary, partial stay is lifted (docket no. 133).

SUMMARY

In this Order, the Court concludes that its preliminary injunction is not affected by the Council on Environmental Quality’s (CEQ) approval of emergency alternative arrangements because there is no emergency. The CEQ’s action is beyond the scope of the regulation and is…