Friends of Gualala River v. Gualala Redwood Timber, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FRIENDS OF GUALALA RIVER, Case No. 22-cv-00317-VC

Plaintiff,

ORDER DENYING MOTION FOR A

v. PRELIMINARY INJUNCTION

GUALALA REDWOOD TIMBER, LLC, Re: Dkt. No. 10 Defendant.

Plaintiff Friends of Gualala River moves to enjoin the Gualala Redwood Timber company from harvesting trees on its property, invoking the Endangered Species Act.1 To obtain a preliminary injunction, a plaintiff must show “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 Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). When it comes to cases arising under the Endangered Species Act, “the equities and public interest factors always tip in favor of the protected species.” Cottonwood Environmental Law Center v. United States Forest Service, 789 F.3d 1075, 1091 (9th Cir. 2015). The Act permits private parties to “enjoin private activities that are reasonably certain to harm a protected species.” Sierra Club v. Babbitt,…