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Alpine Lakes Protection Soc'y v. Schlapfer

Citation: 5 ELR 20322
No. No. 75-1651, 518 F.2d 1089/7 ERC 2070/(9th Cir., 05/01/1975)

The balance of prospective irreparable damages to plaintiffs and defendants does not favor issuance of an injunction pending appeal in a suit challenging the adequacy of a Forest Servide-prepared NEPA impact statement on the granting of an easement across national forest land for construction of a logging access road. Plaintiffs have raised substantial questions regarding the adequacy of the EIS under NEPA, and allege that the continued logging permitted by the nearly-completed access road further reduces the area's wilderness characteristics and effectively removes it from consideration for inclusion in the wilderness preservation system. Many of the trees on the logging company's property are insect infested, however, and will be worthless if not promptly removed. Under these circumstances, the public interest will not be served by granting the injunction which plaintiffs request, because access is necessary to remove the diseased timber and to prevent the insect infestation from spreading to the adjacent national forest lands.

Counsel for Plaintiffs-Appellants
Robert E. Ordal
312 1411 4th Avenue Building
Seattle, Wash. 98101

Counsel for Defendants-Appellees
Slade Gorton Attorney General
Temple of Justice
Olympia, Wash. 98504