Los Padres Forestwatch v. United States Forest Service

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

This action centers on an American Recovery and Reinvestment Act (“ARRA”)funded project, involving the clearing of vegetation within ten feet of the road edge alongside approximately 750 miles of Forest Service roads within the Los Padres National Forest (the “Project”). Plaintiff Los Padres Forestwatch (“Plaintiff’) is a non-profit organization consisting of an estimated 800 members, with the organizational goal of protecting threatened and endangered species, and protecting the environment of the Los Padres National Forest. Defendants are the U.S. Forest Service and Peggy Hernandez, the Forest Supervisor for the Los Padres National Forest.

Presently before the Court is Plaintiffs motion for a preliminary injunction on the grounds that Defendants failed to comply with the procedural requirements of the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and that such failure threatens concrete environmental harm to federally listed and sensitive plants, wildlife, and habitat. Defendants oppose preliminary injunctive relief. The Court held a hearing on this matter on February 24, 2011. For the reasons…