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Cascadia Wildlands v. Scott Timber Co.

ELR Citation: 47 ELR 20147
Nos. 17-35038, (9th Cir., 11/16/2017)

The Ninth Circuit reversed a lower court's grant of an injunction to halt a logging project in Oregon. A conservation group brought a citizen suit under the ESA challenging a logging project it claimed would result in the taking of the marbled murrelet, a seabird listed as a threatened species. The logging companies contended that the birds do not reside on the tract of land where the planned project would take place. The court held that since there was no definitive evidence that the bird inhabited the area in question, there was a question of whether the harm was irreparable. The grant of the injunction was reversed and the case was remanded for further proceedings.