Alexander

Idaho Sporting Congress Inc. v. Alexander

Good Law
222 F.3d 562·2000 WL 1159325
United States Court of Appeals for the Ninth CircuitAugust 17, 2000No. 99-35847California3,967 words

Opinion

Lead Opinion

Hug, J.

Idaho Sporting Congress and the Ecology Center (collectively, “ISC”) appeal the district court’s denial of their motion for a preliminary injunction to prevent the United States Forest Service (“Forest Service”) from proceeding with certain timber sales in the Payette National Forest (“PNF”). ISC claims that the Environmental Assessments and Environmental Impact Statements prepared by the Forest Service in connection with these sales do not comply with the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600 et seq, and the Forest Service’s own Land Resource Management Plan (“LRMP”) for the PNF. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1). Because we find that ISC has raised serious questions and there is a possibility of irreparable harm, we reverse and remand to the district court with instructions to grant a preliminary injunction pending a final determination of the merits of ISC’s claims.

FACTUAL AND PROCEDURAL HISTORY

The Payette National Forest encompasses approximately 2.3 million acres of land in central Idaho. This suit arises out of the Forest Service’s proposal to permit…

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