Timchak

MEMORANDUM *

Plaintiffs Greater Yellowstone Coalition, Natural Resources Defense Council, Sierra Club, and Defenders of Wildlife (collectively, “the Coalition”) appeal the district court’s denial of their motion for a preliminary injunction. The Coalition asked the district court to enjoin J.R. Simplot Company’s (“Simplot”) expansion of its Smoky Canyon Mine pending a decision on the merits, arguing that the United States Forest Service and the Bureau of Land Management (“the Agencies”) inadequately analyzed the project’s impact on the environment in violation of the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq.; further, that the project violates the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq.; and the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600 et seq.

“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., — U.S.-, 129 S.Ct. 365, 374 , 172 L.Ed.2d 249 (2008). In…