Center for Biological Diversity et al v. Ilano et al

Filing 47

ORDER denying 41 injunction pending appeal signed by District Judge Vince Chhabria on 9/15/2017.(Law Clerk, VCLC2)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

CENTER FOR BIOLOGICAL DIVERSITY
and EARTH ISLAND INSTITUTE,
Plaintiff,
v.

Case No. 16-cv-02322-VC
ORDER DENYING INJUNCTION
PENDING APPEAL
Re: Dkt. Nos. 41, 44, 45

ELI ILANO, in his official capacity as
Supervisor of the Tahoe National Forest,
THOMAS TIDWELL, Chief of the United
States Forest Service, and the UNITED
STATES FOREST SERVICE,
Defendants,
and SIERRA PACIFIC INDUSTRIES, a
California Corporation,
Defendant-Intervenor

Plaintiffs' motion for an injunction pending appeal is denied. As discussed in the order
granting summary judgment to defendants, neither the public interest or the balance of hardships
in this case support enjoining the Sunny South Project. See Dkt. No. 35 at 10, n. 5.
IT IS SO ORDERED.
Dated: September 15, 2017
______________________________________
VINCE CHHABRIA
United States District Judge