Kimbell

MEMORANDUM *

Native Ecosystems Council (“Native Ecosystems”) appeals the district court’s grant of summary judgment in favor of the United States Forest Service and the district court’s decision to dissolve its injunction of the Basin Creek Hazardous Fuels Reduction Project (“Project”) at the Beaverhead-Deerlodge National Forest. The challenge rests in large part on the Forest Plan for this area. For the reasons stated below, we affirm the district court’s decisions.

I. The District Court Did Not Abuse its Discretion by Enjoining the Project and Later Dissolving the Injunction

Under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., a court “may adjust its relief to the exigencies of the case in accordance with the equitable principles governing judicial action.” Sierra Pac. Indu. v. Lyng, 866 F.2d 1099 , 1111 (9th Cir.1989) (quoting Ford Motor Co. v. NLRB, 305 U.S. 364, 373 , 59 S.Ct. 301 , 83 L.Ed. 221 (1939)). The district court’s choice of equitable relief is within its discretion. See Sierra Pac. Indus., 866 F.2d at 1112. Under the circumstances of this case, the district court’s decision not to automatically vacate the Record of Decision (“ROD”) upon…