In an action challenging the Forest Service’s effort to fund fire prevention activities by awarding logging contracts, the denial of a preliminary injunction is reversed where the district court failed to assess the factors of irreparable harm, balancing of equities and the public interest, in the context of the narrow relief sought by plaintiffs.

Read Sierra Forest Legacy v. Rey, No. 07-16892

Appellate Information

Argued and Submitted March 1, 2008

Filed August 13, 2009

Judges

Opinion by Judge Fisher

Counsel

For Appellants:

Gregory C. Loarie, Earthjustice, Oakland, CA

Michael R. Sherwood, Earthjustice, Oakland, CA

For Appellees:

Ronald J. Tenpas, Acting Assistant Attorney General, San Francisco, CA

James L. Rosen, USDA Office of the General Counsel, San Francisco, CA

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