Alliance for Wild Rockies v. Kruger

35 F. Supp. 3d 1259, 2014 WL 3865936, 2014 U.S. Dist. LEXIS 109035
CourtDistrict Court, D. Montana
DecidedAugust 6, 2014
DocketNo. CV 12-150-M-DLC
StatusPublished
Cited by4 cases

This text of 35 F. Supp. 3d 1259 (Alliance for Wild Rockies v. Kruger) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alliance for Wild Rockies v. Kruger, 35 F. Supp. 3d 1259, 2014 WL 3865936, 2014 U.S. Dist. LEXIS 109035 (D. Mont. 2014).

Opinion

ORDER

DANA L. CHRISTENSEN, Judge.

Plaintiffs filed suit against the Federal Defendants alleging that the Cabin Gulch Project (“Project”) on the Helena Natural Forest violated the Endangered Species Act (“ESA”) with respect to grizzly bears and lynx, and the National Forest Management Act (“NFMA”) and National Environmental Policy Act (“NEPA”) in various ways. On June 24, 2013, 950 F.Supp.2d 1172 (D.Mont.2013) the Court issued an order resolving the parties’ motions for summary judgment, ruling in favor of the Plaintiffs on their ESA lynx claim, and in favor of the Defendants on all [1263]*1263other claims, including those pertaining to grizzly bears and elk. (Doc. 26.) The Court enjoined the Project and remanded the matter to the Defendants to address the deficiencies identified in its order. On April 23, 2014, 15 F.Supp.3d 1052, 2014 WL 1614426 (D.Mont.2014) the Court dissolved the injunction after finding that the Defendants had cured the Project’s deficiencies. The following day, Plaintiffs appealed both the dissolution order and the Court’s adverse rulings on summary judgment. Ground-disturbing activities on the Project began on May 30, 2014.

Presently before the Court is Plaintiffs’ motion for an injunction pending appeal, filed on June 17, 2014. Plaintiffs focus on their elk and grizzly bear claims, characterizing this as an ESA case while making no mention of their NEPA or NFMA claims. For the reasons articulated herein, Plaintiffs’ motion will be denied.

I. Standard of Review for Injunctions Based on ESA Claims

District courts are empowered to “suspend, modify, restore, or grant an injunction ... [wjhile an appeal is pending from an interlocutory order or final judgment that grants, dissolves, or denies an injunction.” Fed.R.Civ.P. 62(c). Courts evaluate motions for preliminary injunction and motions for injunction pending appeal using the same standard. Se. Alaska Conservation Council v. U.S. Army Corps of Engineers, 472 F.3d 1097, 1100 (9th Cir. 2006). In the landmark case of Winter v. Natural Resources Defense Council, the Supreme Court clarified that in order to obtain an injunction, a plaintiff must establish that (1) it is likely to succeed on the merits, (2) it is likely to suffer irreparable harm in the absence of injunctive relief, (3) the balance of the equities tips in its favor, and (4) an injunction is in the public interest. 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008).

Given the vast swaths of public land within this District and the diversity and iconic nature of the wildlife that inhabits those lands, this Court is frequently presented with injunction requests based on ESA claims. Through the briefing on this motion, as well as in other recent cases, the Court has become aware of some confusion as to the appropriate standard for injunctive relief for such claims-specifically, whether or not Winter applies.1 Much of this confusion stems from a series of pre-Winter cases holding that the “traditional approach” to injunctive relief does not apply to ESA claims, and setting a lower bar for ESA injunctions. This Court’s ruling in Alliance for the Wild Rockies v. Krueger, 950 F.Supp.2d 1196 (D.Mont.2013) (hereinafter “Bozeman ”), appears to have further muddied the waters.2

[1264]*1264Before Winter, a party was entitled to an injunction after clearly demonstrating “(1) a likelihood of success on the merits and the possibility of irreparable injury or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of the hardships tipping decidedly in favor of the party seeking relief’ (hereinafter referred to as the “traditional standard”). Sierra Club v. Marsh, 816 F.2d 1376, 1382 (9th Cir.1987). These were not “two independent tests but simply the extremes of the continuum of equitable discretion.” Id. at 1383-84. Thus, courts’ authority to issue injunctions stemmed from its equitable powers.

In the seminal case of Tennessee Valley Authority v. Hill, the Supreme Court addressed preliminary injunctions in the context of ESA claims, conducting a thorough review of the Act and its legislative history and concluding “beyond a doubt that Congress intended endangered species to be afforded the highest of priorities.” 437 U.S. 153, 174, 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978). The Court held that because the ESA was a manifestation of Congress’s view that the value of endangered species was “incalculable,” courts’ equitable powers may not be used to balance the loss of a sum certain against such an incalculable value. Id. at 187-88, 98 S.Ct. 2279. Citing its own lack of “a mandate from the people to strike the balance of equities” on the side of the Federal defendants, the Court concluded that “Congress has spoken in the plainest of words, making it abundantly clear that the balance has been struck in favor of affording endangered species the highest of priorities....” Id. at 194, 98 S.Ct. 2279.

In a series of opinions issued in the wake of Hill, the Ninth Circuit held that the traditional standard was not the proper test for ESA injunctions because “the Supreme Court held that Congress had explicitly foreclosed the exercise of traditional equitable discretion by courts faced with [ESA violations].” Marsh, 816 F.2d at 1383. In Marsh, the Court stated that “the balance of hardships and the public interest tip heavily in favor of endangered species” and that courts “may not use equity’s scales to strike a different balance.” Id.; see also Friends of the Earth v. U.S. Navy, 841 F.2d 927, 933 (9th Cir.1988) (citing Hill and Marsh for the propositions that the balance of hardships and the public interest tip heavily in favor of endangered species, and that Congress removed from the courts their traditional equitable discretion in injunction proceedings); Nat’l Wildlife Fed’n v. Nat’l Marine Fisheries Serv., 422 F.3d 782, 793-94 (9th Cir.2005) (same).

In National Wildlife Federation v. Burlington Northern Railroad, the Ninth Circuit reaffirmed- its position in Marsh and Friends of the Earth, adding: “Nevertheless, these cases do not stand for the proposition that courts no longer must look at [1265]*1265the likelihood of future harm before deciding whether to grant an injunction under the ESA. Federal courts are not obligated to grant an injunction for every violation of the law. The plaintiff must make a showing that a violation of the ESA is at least likely in the future.” 23 F.3d 1508, 1511 (9th Cir.1994). Thus, the Court recognized that Hill did not strip courts of all discretion to grant preliminary injunctions in ESA cases, and that the likelihood of future harm remained a key factor that must be considered.

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35 F. Supp. 3d 1259, 2014 WL 3865936, 2014 U.S. Dist. LEXIS 109035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alliance-for-wild-rockies-v-kruger-mtd-2014.