Alliance for the Wild Rockies v. Cottrell
United States Court of Appeals for the Ninth Circuit
632 F.3d 1127 (2010)
After a wildfire burned part of a national forest, the Forest Service (defendant) issued an Emergency Situation Determination to fast-track logging on 1,652 acres, citing modest financial savings and a handful of temporary jobs; Alliance for the Wild Rockies (plaintiff) sought a preliminary injunction under the Appeals Reform Act, which the district court denied, apparently applying only the traditional four-factor Winter test rather than the pre-Winter sliding-scale approach.
Whether a plaintiff is entitled to a preliminary injunction on a showing that there are serious questions going to the merits, the balance of hardships tips sharply in the plaintiff's favor, an injunction serves the public interest, and irreparable harm is likely absent relief.