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Earth Island Inst. v. Carlton, No. 09-16914

By FindLaw Staff on November 09, 2010 8:01 AM

Challenge to Post-Wildfire Logging

In Earth Island Inst. v. Carlton, No. 09-16914, an appeal from the district court's order denying plaintiff's motion for a preliminary injunction seeking to enjoin the U.S. Forest Service from conducting post-wildfire logging in the Plumas National Forest, the court affirmed where 1) the Forest Service satisfied the requirement to assess MIS habitat in the project area; and 2) the district court did not abuse its discretion in finding that the Forest Service's tree mortality guidelines were not enforceable.

As the court wrote:  "Earth Island Institute ("Earth Island") appeals interlocutorily the district court's order denying its motion for a preliminary injunction seeking to enjoin the United States Forest Service ("Forest Service") from conducting post-wildfire logging in the Plumas National Forest."

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