Jump to Navigation
Jump to Content

Portland Audubon Soc'y v. Lujan

ELR Citation: 22 ELR 20889
Nos. No. 87-1160-FR, 784 F. Supp. 786/(D. Or., 02/19/1992) Preliminary injunction

The court continues to enjoin the Bureau of Land Management (BLM) from proceeding with timber sales in northern spotted owl habitat on BLM lands until the court decides whether BLM must prepare a supplemental environmental impact statement under the National Environmental Policy Act to address new information. The court holds that environmental groups have shown a likelihood of success on the merits because the court previously ruled that new, significant, and probably accurate information on the effects of BLM's timber sale on the long-range survival of the northern spotted owl must be considered by the Agency. Since this prior decision, BLM has done nothing to examine the new information. The court finds that there is evidence supporting the claim that further loss of habitat will likely have an adverse effect on the survival of the owl, causing irreparable injury. The court holds that the probability of irreparable injury is serious enough to outweigh any adverse effects from the issuance of an injunction.

Counsel for Plaintiffs
Victor M. Sher, Todd D. True
Sierra Club Legal Defense Fund
705 2nd Ave., Ste. 203, Seattle WA 98104
(206) 343-7340

Michael D. Axline, John E. Bonine
Western Environmental Law Clinic
University of Oregon School of Law
1101 Kincaid St., Rm. 329, Eugene OR 97403
(503) 346-3823

Charles H. Turner, U.S. Attorney;
Lance A. Caldwell, Ass't U.S. Attorney
888 S.W. 5th Ave., Ste. 1000, Portland OR 97204
(503) 221-2101