Eubanks

Sierra Club v. Eubanks

Good Law
335 F. Supp. 2d 1070·2004 WL 2049988·2004 U.S. Dist. LEXIS 18912
United States District Court, Eastern District of CaliforniaAugust 27, 2004CIV. S 03-1238 MCE PAN, CIV. S 03-1242 MCE PANCalifornia6,098 words

Opinion

Opinion

England, J.

AMENDED MEMORANDUM AND ORDER

In this consolidated ease, Plaintiffs Sierra Club, Sierra Nevada Forest Protection Campaign, and Sierra Foothills Audubon Society (collectively referred to as “Sierra Club”), along with Plaintiffs Earth Island Institute, Center for Biological Diversity, Forest Issues Group and James Woods (“Earth Island”), seek to enjoin Defendants United States Department of Agriculture, Ann Veneman, the United States Forest Service, Dale Bosworth, and Steven T. Eubanks (“Defendants”) from taking further action to implement Defendants’ Red Star Restoration Project (hereinafter referred to as the “Red Star Project”) on grounds that said project violates the Sierra Nevada Forest Plan Amendment (the “Framework”), the Tahoe Forest Land and Resource Management Plan (“Forest Plan”), the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600 , et seq., the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 , et seq., and the Roadless Area Conservation Rule, 36 C.F.R. § 294.10 et seq. (“Roadless Rule”). In accordance with the provisions of the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 , et seq., Plaintiffs seek in-junctive relief on grounds that the…

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