Headwaters, Inc. v. Bureau Of Land Management

893 F.2d 1012 20 Envtl. L. Rep. 20 ,475 HEADWATERS, INC., Plaintiff-Appellant, v. BUREAU OF LAND MANAGEMENT, MEDFORD DISTRICT; David A. Jones, District Manager, in his official capacity; officers and agents of the Bureau of Land Management; Medford District, in their official capacities, and Janco Logging Company, Defendants-Appellees. No. 88-3825. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1989. Memorandum Sept. 28, 1989. Opinion as Modified on Denial of Rehearing Jan. 11, 1990. Charles G. Levin, Ashland, Cal., for plaintiff-appellant. Martin M. Matzen, Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before CANBY, THOMPSON and LEAVY, Circuit Judges. CANBY, Circuit Judge: 1 Headwaters, Inc., a not-for-profit environmental organization, appeals the district court's decision, 684 F.Supp. 1053 , denying Headwaters' request for a permanent injunction and declaratory relief. Headwaters sought to enjoin the Bureau of Land Management, Medford District (BLM) 1 and Janco Logging Co. (Janco) from logging three units of the 16-unit Two T's timber sale. Headwaters claims…