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Save Our Ecosystems v. Watt

ELR Citation: 13 ELR 20529
Nos. No. 83-6090 E, (D. Or., 03/21/1983) TRO denied

The court denies plaintiffs' motion for a temporary restraining order (TRO) to stop the Bureau of Land Management from spraying herbicides in Oregon forests. Plaintiffs failed to carry their burden of demonstrating an immediate threat of irreparable injury if the spraying proceeds. While there is sufficient scientific uncertainty as to human health dangers posed by the herbicides to warrant preparation of a worst-case analysis in the environmental assessment, there is insufficient evidence of danger to warrant issuance of a TRO pending litigation of the adequacy of that analysis. The government would suffer considerable harm if the TRO were granted, since there are only a few weeks in spring to conduct effective brush control.

Counsel for Plaintiffs
Ralph A. Bradley
Bradley & Gordon
1397 Willamette St., Eugene OR 97401
(503) 343-8247

Counsel for Defendant
Thomas Lee, Ass't U.S. Attorney
312 U.S. Cthse., Portland OR 97205
(503) 221-2153