Alliance for the Wild Rockies v. Jane L. Cottrell

FILED NOT FOR PUBLICATION JUN 24 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT ALLIANCE FOR THE WILD ROCKIES; No. 09-35756 NATIVE ECOSYSTEMS COUNCIL,

D.C. No. 9:09-cv-00107-DWM Plaintiffs - Appellants,

v. O R D E R* JANE L. COTTRELL, in her official capacity as acting Regional Forester; UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture,

Defendants - Appellees.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Argued and Submitted February 2, 2010

Seattle, Washington Before: W. FLETCHER and RAWLINSON, Circuit Judges, and MOSMAN, **

District Judge.

We reverse the order of the district court denying Plaintiffs-Appellants’ motion for a preliminary injunction.

We remand this action to the District Court for the District of Montana, with direction to enter a preliminary injunction ordering Defendants forthwith to cease implementation of the Rat Creek Salvage Project.

An opinion will follow in due course.