U.S. Forest Service v. Earth Island Institute, et al.
- Respondents' Brief in Opposition (02/15/2007)
Whether the court of appeals erred in ordering a preliminary injunction under the Administrative Procedure Act [barring the Forest Service from proceeding with two projects in the Eldorado National Forest], including by:
- Relying on declarations filed by respondents in the district court, rather than confining its review to the administrative record;
- Holding that respondents could satisfy the "irreparable injury" prong of the test for obtaining a preliminary injunction by showing only a "possibility" of such injury; and
- Discounting competing interests in the use of Forest lands under multiple use principles, and the Forest Service's balance of those competing uses, in weighing the balance of harms and the public interest.
The Supreme Court denied certiorari on March 19, 2007.