ALLIANCE FOR THE WILD ROCKIES; NATIVE ECOSYSTEMS COUNCIL, Plaintiffs-Appellants,
v. JANE L. COTTRELL, in her official capacity as acting Regional Forester; UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted February 2, 2010—Seattle, Washington.
Filed July 28, 2010.
Alliance for the Wild Rockies ("AWR") appeals the district court's denial of its motion for a preliminary injunction. AWR seeks to enjoin a timber salvage sale proposed by the United States Forest Service. Citing Winter v. Natural Resources Defense Council, 129 S. Ct. 365 (2008), the district court held that AWR had not shown the requisite likelihood of irreparable injury and success on the merits. After hearing oral argument, we issued an order reversing the district court and directing it to issue the preliminary injunction. Alliance for Wild Rockies v. Cottrell, No. 09-35756, 2010 WL 2640287 (9th Cir. June 24, 2010). In this opinion, we now set forth the reasons for our reversal, and we take this opportunity to clarify an aspect of the post-Winter standard for a preliminary injunction...
We conclude that the district court erred in denying AWR's request for a preliminary injunction. AWR has established a likelihood of irreparable injury if the Project continues. AWR has also established serious questions, at the very least, on the merits of its claim under the ARA. Because AWR has done so with respect to its claim under the ARA, we do not reach its claims under NFMA and NEPA. The balance of hardships between the parties tips sharply in favor of AWR. Finally, the public interest favors a preliminary injunction. We therefore REVERSE and REMAND for further proceedings consistent with this opinion.
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