Habitat Educ. Ctr. v. U.S. Forest Serv.
Citation: 40 ELR 20145
No. No. 09-2785, (7th Cir., 05/27/2010)
The Seventh Circuit upholds a lower court decision denying an environmental group's request to rescind or modify a court order requiring it to post a $10,000 bond after it asked for and was granted a preliminary injunction preventing the U.S. Forest Service from allowing several thousand acres of a national forest in Wisconsin to be logged. The group argued that it should be exempt from having to post an injunction bond because it is a nonprofit entity. But this argument flies in the face of Fed. R. Civ. P. Rule 65(c), which not only contains no such exception but also states flatly that "the court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." The court also ruled that the $10,000 bond amount was not excessive in relation to the Forest Service's likely loss from a one-year delay in logging.