Rey
SIERRA FOREST LEGACY v. Rey
Opinion
Opinion
England, J.
ORDER DENYING PLAINTIFFS’ MOTION FOR INJUNCTION PENDING APPEAL AND GRANTING PARTIAL STAY OF REMEDY ORDER
This Court has resolved the liability issues raised in four related cases challenging the 2004 Sierra Nevada Forest Plan Amendment (also referred to as the “2004 Framework” or the “SNFPA”). Moreover, in separate proceedings, the Court has crafted an appropriate remedy. Plaintiffs in this case, a group of environmental organizations, have appealed this Court’s rulings and now seek an injunction requiring that Forest Service timber harvesting projects comply with the 2001 Framework pending completion of the appellate process. Plaintiffs also ask that the Court stay the portion of its order requiring the Forest Service to prepare a Supplemental Environmental Impact Statement (“SEIS”) by May 1, 2010.
For the reasons set forth below, Plaintiffs’ motion to enjoin projects inconsistent with the 2001 Framework pending resolution of their appeal is denied. As also explained below, Plaintiffs’ motion to stay the Forest Service’s obligation to complete a SEIS by May 1, 2010, which is not opposed by the Federal Defendants, will be granted.