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ALLIANCE FOR WILD ROCKIES v. COTTRELL

No. 09-35756.

613 F.3d 960 (2010)

ALLIANCE FOR the WILD ROCKIES; Native Ecosystems Council, Plaintiffs-Appellants, v. 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.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2010.

Attorney(s) appearing for the Case

Matthew Kellogg Bishop; Western Environmental Law Center, Helena, MT, Susan Jane McKibben Brown, Western Environmental Law Center, Portland, OR, for the appellants.

John Emad Arbab, U.S. Department of Justice, Washington, D.C., Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for the appellee.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge MOSMAN.

OPINION

W. FLETCHER, Circuit Judge:

Alliance for the Wild Rockies ("AWR") appeals the district court's denial of its motion for a preliminary injunction. AWR seeks to enjoin a timber salvage sale proposed by the United States Forest Service. Citing Winter v. Natural Resources Defense Council, ___ U.S. ___, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008), the district court held that AWR had not shown the requisite likelihood...

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