Alliance for the Wild Rockies v. Pena, No. 16-35856 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the district court's denial of a preliminary injunction in an action regarding the North Fork Mill Creek A to Z Project in the Colville National Forest. The panel held that Alliance has not demonstrated serious questions, much less a likelihood of success, with respect to the merits of any of its National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) claims. Therefore, the district court did not abuse its discretion in denying the motion for a preliminary injunction. In this case, Alliance has not shown either serious questions or a likelihood of success on the merits of a NFMA or NEPA claim based on the Forest Service's use of the "habitat as a proxy" approach for assessing the viability of the pine marten; the "proxy-as-proxy" approach for assessing the viability of fisher; the Forest Service's snow-intercept cover analysis; the open road density analysis; and the sediment analysis.