Center for Biological Diversit v. Susan Skalski

MEMORANDUM

Plaintiffs Center for Biological Diversity, Earth Island Institute, and California Chaparral Institute appeal the district court’s denial of their motions for a preliminary injunction and to supplement the administrative record. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

Plaintiffs have not established a likelihood of success on the merits of their claims under the National Environmental Policy Act. The Forest Service took the requisite “hard look” at the impacts of the Rim Fire Restoration Project on the California spotted owl. See Neighbors of Cuddy Mtn. v. U.S. Forest Serv., 137 F.3d 1372 , 1376 (9th Cir.1998). The Environmental Impact Statement and Record of Decision adequately incorporated the 2014 owl occupancy survey results by explaining that the Forest Service had reestablished six protected activity centers where the surveys detected owl presence. The Forest Service also adequately addressed the scientific literature on owl occupancy in post-fire, high-severity burn habitat and, specifically, the Clark 2007, Clark et al. 2013, and Bond et al. 2009 studies. It sufficiently explained that the studies had limited implications for the…