United States Ninth Circuit

The district court's order denying plaintiff's motion for a preliminary injunction seeking to enjoin a federal defendants' authorization of a timber sale known as the Mudflow Vegetation Management Project for allegedly failing to evaluate the effects of the Mudflow Project on the Northern Spotted Owl’s critical habitat, in violation of the Endangered Species Act, is affirmed, where: 1) the appeal was not rendered moot by a new 2013 habitat designation, and subsequent reinstatement of informal consultation between the defendants United States Forest Service and the Fish and Wildlife Service; and 2) the district court did not abuse its discretion when it determined that plaintiff failed to show a likelihood of success on the merits as to its Endangered Species Act claim that federal defendants arbitrarily or capriciously approved the Mudflow Project.

Appellate Information

• Decided 06/13/2013
• Published 06/13/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel