Forest Service Employees for Environmental Ethics v. United States Forest Service

ORDER GRANTING IN PART DEFENDANT’S MOTION TO DISMISS AND VACATING PRELIMINARY INJUNCTION

On December 9, 2005, the Court heard argument on defendant’s motion to dismiss this case as moot and to vacate the Court’s June 27, 2005, preliminary injunction. Having carefully considered the parties’ arguments, and for good cause appearing, the Court hereby GRANTS IN PART defendant’s motion to dismiss, and VACATES the preliminary injunction.

BACKGROUND

During the late summer of 2004, the Sims Fire burned approximately 4,030 acres of the Six Rivers National Forest in northern California. In January 2005, defendant, the United States Forest Service, proposed to log some of the trees killed by the fire. After receiving comments from the public, the Forest Service issued a decision memorandum on May 17, 2005, authorizing the Sims Fire Salvage Project in selected areas of the Six Rivers National Forest.

Plaintiffs, Forest Service Employees for Environmental Ethics (“FSEEE”) and the Environmental Protection and Information Center (“EPIC”), brought suit in early June 2005, seeking an injunction against the proposed timber sale. Plaintiffs claimed that the sale would result in the logging of…