Judge Laporte FIO

Case 3:05-cv-03508-EDL

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Document 235

KRISTEN L. BOYLES (CSB #158450)
Earthjustice
705 Second Avenue, Suite 203
Seattle, WA 98104-1711
(206) 343-7340
(206) 343-1526 [FAX]
[email protected]

Filed 02/06/2007

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THE HONORABLE ELIZABETH D. LAPORTE

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Attorney for Plaintiffs
The Wilderness Society, et al.
CLAUDIA POLSKY (CSB #185505)
Deputy Attorney General
State of California Department of Justice
1515 Clay Street
P.O. Box 70550
Oakland, CA 94612-1413
(510) 622-2112
(510) 622-2270 [FAX]
[email protected]
Attorney for Plaintiffs People of the State of
California, et al.
(additional counsel listed at signature block)

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PEOPLE OF THE STATE OF CALIFORNIA,
et al.,

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Plaintiffs,
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v.
UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,

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Defendants.

) Case No. 05-03508-EDL
) consolidated with
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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 1 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340

Case 3:05-cv-03508-EDL

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THE WILDERNESS SOCIETY, et al.,

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Plaintiffs,

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Document 235

v.
UNITED STATES FOREST SERVICE, et al.,

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Defendants.

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Filed 02/06/2007

Page 2 of 6

) Case No. 05-04038-EDL
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) [PROPOSED] FINAL INJUNCTION
) ORDER
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Having considered the briefs and arguments of the parties, and the entire record in this
matter, and based on the Court’s orders dated September 20, 2006; October 3, 2006; November 29,

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2006; and December 28, 2006 and the hearings held on August 1, 2006; September 25, 2006; and

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February 5, 2007, the Court GRANTS plaintiffs injunctive relief as follows.

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INJUNCTION
I.

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STATE PETITIONS RULE
The State Petitions Rule, adopted at 70 Fed. Reg. 25,654, 25,661-62 (May 13, 2005), is set

aside, and the Roadless Rule, adopted at 66 Fed. Reg. 3,244, 3,272-73 (January 12, 2001), including
the Tongass Amendment, adopted at 68 Fed. Reg. 75,136, 75,146 (December 30, 2003), is
reinstated.
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NEW FOREST SERVICE ACTIONS AND ACTIONS IN ROADLESS AREAS
As the Court previously ordered, federal defendants are enjoined from taking any further

action contrary to the Roadless Rule without first remedying the legal violations identified in the
Court’s opinion of September 20, 2006. Such further actions by the Forest Service include, but are
not limited to, approving or authorizing any management activities in inventoried roadless areas that
would be prohibited by the 2001 Roadless Rule, including the Tongass Amendment, and issuing or
awarding leases or contracts for projects in inventoried roadless areas that would be prohibited by
the 2001 Roadless Rule, including the Tongass Amendment. The effective date of this injunction is
September 20, 2006.

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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 2 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340

Case 3:05-cv-03508-EDL

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III.

Document 235

Filed 02/06/2007

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SPECIFIC ACTIVITIES IN ROADLESS AREAS

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A.

Oil and Gas Leases

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The 2001 Roadless Rule (including the Tongass Amendment) shall apply to all activities

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and any step of the leasing process commenced after the May 13, 2005 unlawful repeal of the

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Roadless Rule on any and all mineral leases of National Forest lands that issued after January 12,

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2001. The Forest Service is enjoined from approving any surface use of a mineral lease issued after

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January 12, 2001, that would violate the Roadless Rule (including the Tongass amendment), if such

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approval occurs after May 13, 2005. This order shall apply to prohibit any surface use that would

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violate the Roadless Rule (including the Tongass Amendment) in connection with drilling permits

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authorized after May 13, 2005 on oil and gas leases that were issued between January 12, 2001 and

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May 13, 2005, as well as on leases that were issued on or after May 13, 2005. This order does not

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apply to roads that have already been constructed or reconstructed on lease parcels pursuant to

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approved surface use plans of operation, nor does it apply to leases that include a strict “no surface

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occupancy” condition that already prohibits road construction that would violate the Roadless Rule.

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B.

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The Forest Service is enjoined from proceeding with the Coal Creek-Big Creek Road

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Project as to any portion of the project that is not permitted under the exception to the Roadless Rule

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for road realignment of classified roads. See 66 Fed. Reg. 3,244, 3,273 (§ 294.12(b)(4)).

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Coal Creek-Big Creek Road Project, Salmon-Challis NF, Idaho

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This order supersedes the Court’s prior orders granting injunctive relief.

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IT IS SO ORDERED.
6th
Entered on this 5th day of February, 2007.

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___________________________________
HONORABLE ELIZABETH D. LAPORTE
United States Magistrate Judge

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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 3 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340

Case 3:05-cv-03508-EDL

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Document 235

Filed 02/06/2007

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Presented by:

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/s/ Kristen L. Boyles_______________
KRISTEN L. BOYLES (CSB #158450)
Earthjustice
705 Second Avenue, Suite 203
Seattle, WA 98104-1711
(206) 343-7340
(206) 343-1526 [FAX]
[email protected]
TIMOTHY J. PRESO (MSB #5255)
Earthjustice
209 South Willson Avenue
Bozeman, MT 59715
(406) 586-9699
(406) 586-9695 [FAX]
[email protected]

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THOMAS S. WALDO (ASB #9007047)
Earthjustice
325 Fourth Street
Juneau, AK 99801-1145
(907) 586-2751
(907) 463-5891[FAX]
[email protected]
Attorneys for Plaintiffs The Wilderness
Society, et al.
GREGORY C. LOARIE (CSB #215859)
Earthjustice
426 Seventeenth Street, 5th Floor
Oakland, CA 94612
(510) 550-6725
(510) 550-6749 [FAX]
[email protected]
Local Counsel for Plaintiffs The Wilderness
Society, et al.

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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 4 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340

Case 3:05-cv-03508-EDL

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Document 235

Filed 02/06/2007

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BILL LOCKYER, Attorney General
THEODORA BERGER
Assistant Attorney General
KEN ALEX
Supervising Deputy Attorney General

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/s/ Kristen L. Boyles, for *______________
CLAUDIA POLSKY (CSB #185505)
Deputy Attorney General
State of California Department of Justice
1515 Clay Street
P.O. Box 70550
Oakland, CA 94612-1413
(510) 622-2112
(510) 622-2270 [FAX]
[email protected]
Attorneys for Plaintiffs People of the State of
California

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HARDY MYERS, Attorney General
of the State of Oregon

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/s/ Kristen L. Boyles for *________________
DAVID E. LEITH (OR Bar. No. 93341)
Assistant Attorney General
1162 Court Street NE
Salem, OR 97301-4096
(503) 378-6313
(503) 378-3465 [FAX]
[email protected]
Attorneys for State of Oregon,
by and through Governor Theodore Kulongoski

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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 5 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340

Case 3:05-cv-03508-EDL

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Document 235

Filed 02/06/2007

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PATRICIA A. MADRID, Attorney General
of the State of New Mexico

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/s/ Kristen L. Boyles for *_____________________
STEPHEN R. FARRIS (NM Bar No. 6234)
Assistant Attorney General
Director, Water, Environment and Utilities Division
New Mexico Attorney General's Office
P.O. Drawer 1508
Santa Fe, NM 87504
(505) 827-6939
(505) 827-4440 [FAX]
[email protected]
Attorneys for State of New Mexico,
ex rel. Patricia A. Madrid, Attorney General

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ROB McKENNA, Attorney General
of the State of Washington

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/s/ Kristen L. Boyles for *______________________
MARY SUE WILSON (WSB #19257)
Senior Assistant Attorney General
JOAN M. MARCHIORO (WSB #19250)
Senior Counsel
RONALD L. LAVIGNE (WSB #18550)
Assistant Attorney General
SHEILA LYNCH (WSB #26343)
Assistant Attorney General
Washington State Office of Attorney General
P.O. Box 40117
Olympia, WA 98504-0117
(360) 586-6770
(360) 586-6760 [FAX]
[email protected]
[email protected]
[email protected]
[email protected]
Attorneys for State of Washington
* per email authorization

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[PROPOSED] FINAL INJUNCTION ORDER
Case Nos. 05-03508-EDL and 05-04038-EDL - 6 -

Earthjustice
705 Second Ave., Suite 203
Seattle, WA 98104
(206) 343-7340