Friends of the Wild Swan v. Chip Weber

These environmental appeals for injunc-tive relief bring virtually identical challenges to two logging projects in Montana’s Flathead National Forest: the Weber case challenges the United States Forest Service’s (“Forest Service” or “Service”) decision to authorize the Spotted Bear River Project, and the Chris-tiansen case challenges the Soldier Addition II Project. Plaintiffs Friends of the Wild Swan and The Swan View Coalition (collectively, ‘Wild Swan”) appeal the district court’s simultaneous denial of preliminary injunctions in both cases. Friends of the Wild Swan v. Weber, 955 F.Supp.2d 1191 (D.Mont.2013); Friends of the Wild Swan v. Christiansen, 955 F.Supp.2d 1197 (D.Mont.2013).

Wild Swan contends the district court abused its discretion by denying its motion for injunctive relief because the Forest Service’s approval of these projects violated the National Environmental Policy Act (“NEPA”), the National Forest Management Act (“NFMA”) and the Endangered Species Act (“ESA”). Wild Swan argues the court abused its discretion by failing to recognize its likelihood of success on the merits and in finding a lack of irreparable harm in the absence of an injunction. For…