Native Ecosystems Council v. Kimbell

Full title: NATIVE ECOSYSTEMS COUNCIL; et al., Plaintiffs - Appellants, v. ABIGAIL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 16, 2006

No. 05-36036 (9th Cir. Feb. 16, 2006)

Opinion

NATIVE ECOSYSTEMS COUNCIL; et al., Plaintiffs - Appellants, v. ABIGAIL KIMBELL, in her official capacity as Northern Regional Forester; et al., Defendants - Appellees, BUTTE-SILVER BOW, City and County of, a municipal corporation and political subdivision of the State of Montana, Defendant-Intervenor - Appellee No. 05-36036 United States Court of Appeals, Ninth Circuit February 16, 2006

NOT FOR PUBLICATION

Submitted February 13, 2006^**

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding, D.C. No. CV-05-00110-DWM

Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

This appeal from the district court§s September 29, 2005, order denying a motion for a preliminary injunction comes to us under 28 U.S.C. § 1292(a)(1) and 9th Cir. Rule 3-3.

We remand the case for the district court to reconsider, in light of this court§s December 8, 2005, decision in Ecology Center, Inc. v. Austin, 430 F.3d 1057 (9th Cir. 2005), whether the Forest Service adequately explained its assessment of the Basin Creek Hazard Fuels Reduction Project§s impact on the viability of the black-backed woodpecker. See id., at 1067-68.

We express no opinion regarding whether Ecology Center warrants a different result. This panel will not retain jurisdiction over any subsequent appeal in this case.

REMANDED.