ELR Citation: ELR 20475
No(s). 88-3825 (9th Cir. Jan 11, 1990)

The court holds moot an environmental organization's request for an injunction against logging in three public domain land units under the jurisdiction of the Bureau of Land Management (BLM) because the three timber units had already been logged by the time of appeal. The environmental organization argues that BLM did not undertake the multiple use analysis required by the Federal Land Policy and Management Act (FLPMA) for approval of projects involving public domain land, and thus improperly precluded consideration of the units' scenic, recreational, wildlife, fisheries, and watershed values. The court first holds that the request for preliminary and permanent injunctive relief against logging the units without FLPMA compliance is moot because no injunction can restore the trees that were logged on the public domain lots. The court next holds that the claim for declaratory relief is moot because the policies against which the organization seeks a declaration can have no effect on the three public domain units. The application of the disputed policies to future sales is too uncertain, and too contingent upon BLM's discretion, for declaratory adjudication to alleviate any tangible prejudice to the organization's existing interests. Any further timber sales in the district can be attacked in court and restrained if required.

[The district court's decision is published at 18 ELR 21370.]

Counsel for Plaintiff-Appellant
Charles G. Levin
Headwaters
P.O. Box 462, Ashland OR 97520
(503) 482-4459

Counsel for Defendants-Appellees
Martin M. Matzen
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-4426

Before Thompson and Leavy, JJ.