Donohoe et al v U.S. Forest Service

Filing 48

ORDERED Plaintiffs' Motion for an Injunction Pending Appeal (Doc. 35) is DENIED. Plaintiffs' Motion for a Temporary Restraining Order (Doc. 43) is DENIED AS MOOT. Defendants' Motion to Strike (Doc. 40) is likewise DENIED AS MOOT. Signed by Judge Susan P. Watters on 9/16/2022. (AMC)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

PAUL and CATHY DONOHOE;
TORIAN DONOHOE;KYLE and
ANNA DONOHOE;DAVID and
KAYCE ARTHUN; and CASTLE
CREEK RANCH L.P.,

CV 20-137-BLG-SPW

ORDER DENYING MOTION

FOR INJUCTION PENDING

Plaintiffs,

APPEAL

vs.

UNITED STATES FOREST

SERVICE;FOREST SUPERVISOR
MARY ERICKSON; and DISTPUCT
RANGER KEN COFFIN,
Defendant.

Before the Court are Plaintiffs' Motion for an Injunction Pending Appeal
(Doc. 35)and Motion for a Temporary Restraining Order(Doc. 43). Plaintiffs
have appealed this Court's order granting summary judgment for the Defendants
and against the Plaintiffs. (Doc. 31). In that order,the Court determined that(1)
Plaintiffs lacked standing to challenge the bridge project;(2)Defendants did not
violate NEPA in their segmentation ofthe bridge and trail projects;(3)Defendants
did not improperly scope the trail project under NEPA;(4)Defendants did not
violate NFMA; and (5)the Court lacked jurisdiction over the alleged Endangered

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