Alliance For The Wild Rockies v. Cottrell

632 F.3d 1127 (2010)


A wildfire burned about 27,000 acres in Montana. Two years later, D made an Emergency Situation Determination for a Salvage Project ('the Project'). This Determination permitted the immediate commencement of the Project's logging without any of the delays that might have resulted from D's administrative appeals process. The Project permits salvage logging of trees on approximately 1,652 acres that were burned. The purpose was to recover and utilize timber from trees that are dead or dying as a result of the wildfire or forest insects and disease and reforest the harvested units with healthy trees appropriate for the site. A further purpose is to cut trees infested with dwarf mistletoe to prevent transmission to new trees. The Project requires construction of 7 miles of temporary roads and reconditioning of about 3 miles of existing roads. After completion of the Project, the temporary roads will be obliterated, and the existing roads will be returned to their current uses if any. P filed suit in federal district court alleging violations of the Appeals Reform Act ('ARA'), the National Forest Management Act ('NFMA'), and the National Environmental Protection Act ('NEPA'). The district court denied P's request for a preliminary injunction. P appealed.