Alliance for Wild Rockies v. Cottrell
2011 U.S. App. LEXIS 1473
| 9th Cir. | 2011Background
- Rat Creek wildfire burned ~27,000 acres in Beaverhead-Deerlodge National Forest (MT) in Aug–Sep 2007.
- Forest Service issued Emergency Situation Determination (ESD) for Rat Creek Salvage Project on July 1, 2009, authorizing immediate logging.
- Project covers ~1,652 acres across 35 units (3–320 acres each) and requires 7 miles of temporary roads; logging intended to recover dead/dying trees and reforest with healthy stock.
- Forest Service issued EA and DN/FONSI (July 22, 2009) concluding no significant environmental impact; bidding process initiated, highest bid declared July 30, 2009.
- AWR sued in federal district court alleging violations of ARA, NFMA, and NEPA; district court denied a preliminary injunction August 14, 2009.
- AWR timely appealed; substantial project work remained when appealed; standard of review is abuse of discretion for injunction decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-Winter viability of sliding-scale approach | AWR argues sliding-scale remains valid post-Winter | Forest Service argues Winter supersedes prior standards | Sliding-scale remains viable when used within the Winter four-factor test |
| Likelihood of irreparable harm | Logging harms members’ use/view of 1,652 acres | Area displacement is minor since other areas exist | Irreparable harm likely; environmental injury is often irreparable |
| Likelihood of success on the merits (ARA) | ESD violates ARA and implementing regs | ESD justified by economic/mistoe objectives and emergency factors | Serious questions raised; ARA merits at least substantial questions |
| Balance of hardships and public interest | Hardships to AWR exceed minimal lost revenue; public interest favors environmental protection | Economic interests and local jobs favor project | Balance tips sharply in favor of AWR; public interest supports injunction |
Key Cases Cited
- Lands Council v. McNair, 537 F.3d 981 (9th Cir. 2008) (abuse of discretion standard; four-factor test; irreparable harm central)
- Winter v. NRDC, 555 U.S. 7 (U.S. 2008) (requires likelihood of irreparable harm and merits; four-factor test)
- American Trucking Ass’ns v. City of Los Angeles, 559 F.3d 1046 (9th Cir. 2009) (sliding scale remains viable when applied within Winter framework)
- Johnson v. Couturier, 572 F.3d 1067 (9th Cir. 2009) (discusses post-Winter standards for irreparable harm and likelihood of success)