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SIERRA CLUB v. ROBERTSON

Civ. No. 90-2150.

784 F.Supp. 593 (1991)

SIERRA CLUB, Jerry Williams, Defenders of the Ouachita Forest, Sherry Balkenhol, Bill Greer, Stan Heard, Plaintiffs, v. F. Dale ROBERTSON, in his official capacity as Chief, U.S.D.A. Forest Service, John E. Alcock, in his official capacity as Regional Forester, Southern Region, U.S.D.A. Forest Service, John M. Curran, in his official capacity as Supervisor, Ouachita National Forest, Larry Theivagt, in his official capacity as Mena District Ranger, U.S.D.A. Forest Service, George Landrum, in his official capacity as Poteau District Ranger, U.S.D.A. Forest Service, Paul Fuller, in his official capacity as Tiak District Ranger, U.S.D.A. Forest Service, Don Monk, in his official capacity as Oden District Ranger, U.S.D.A. Forest Service, John Archer, in his official capacity as Jessieville District Ranger, U.S.D.A. Forest Service, James Watson, in his official capacity as Caddo District Ranger, U.S.D.A. Forest Service, Robert Raines, in his official capacity as Womble District Ranger, U.S.D.A. Forest Service, Douglas Webb, in his official capacity as Cold Springs District Ranger, U.S.D.A. Forest Service, Eugene Hayes, in his official capacity as Fourche District Ranger, U.S.D.A. Forest Service, Defendants, Arkansas Forestry Association, Ouachita National Forest Timber Purchasers Group, and Region 8 Forest Service Timber Purchasers Council, Intervenors.

United States District Court, W.D. Arkansas, Fort Smith Division.

November 27, 1991.

Attorney(s) appearing for the Case

Mary M. Rawlins, Mena, Ark., for plaintiffs.

J. Michael Fitzhugh, U.S. Atty., and Charles E. Smith, Asst. U.S. Atty., Fort Smith, Ark., and Rebecca A. Donnellan, Environmental and Natural Resources Div., Washington, D.C., for defendants.

Searcy W. Harrell, Jr., Roberts, Harrell & Lindsey, Camden, Ark., Thomas Lundquist, Crowell & Moring, Washington, D.C., for timber intervenors.

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

The Sierra Club and others brought suit to enjoin timber sales by the Forest Service in several compartments of the Ouachita National Forest.1 Plaintiffs asked for a preliminary injunction to stop the sales and enjoin the timber management techniques contemplated as part of these sales. For the reasons explained below, plaintiffs' motion will be denied.

I.

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