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Cascadia Wildlands v. Kitzhaber

ELR Citation: 42 ELR 20246
Nos. 3:12-cv-00961-AA, (D. Or., 11/19/2012) (Aiken)

A district court granted an environmental group's motion to preliminarily enjoin the logging of 11 timber sales and to halt any further logging activities in known occupied marbled murrelet sites in Oregon's Tillamook, Clatsop, and Elliot state forests. Defendants argued that the case was moot because the timber sales are subject to a voluntary standstill, but defendants may resume logging operations simply by providing 60-days notice. And because the logging suspension may be lifted at any time, and given the threatened status of the marbled murrelet, the groups demonstrated they are likely to suffer irreparable harm absent preliminarily relief. Since the group met all other requirements for a preliminary injunction, the court granted the group's motion.