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ENR (202) 616-0189 TDD (202) 514-1888

FEDERAL COURT STAYS INJUNCTION AND PERMITS SOME COMMERCIAL ACTIVITIES IN IDAHO FORESTS UNTIL MARCH 15 WASHINGTON, D.C. -- A Federal District Court in Idaho today agreed to permit certain commercial activities to go forward in six Idaho national forests. The court's action stays an injunction obtained by plaintiffs who allege that the U.S. Forest Service, following the listing of several species of salmon as endangered or threatened, should have consulted with the National Marine Fisheries Service (NMFS) regarding six approved forest management plans. Today's order came at the request of all of the parties. The order, which will expire March 15, was agreed to and announced in a joint release (attached) issued by the Justice Department, the Pacific Rivers Council, and The Wilderness Society. The Council and the Society sued the Forest Service in 1994. By permitting commercial activities like timber sales, grazing, and mining to continue for now, the court's order will prevent the short-term economic disruption of communities in the affected area. Since relatively few of these activities occur during the winter months, their continuation is not expected to harm the endangered salmon. At the request of the plaintiffs, the court issued an injunction on January 12 prohibiting virtually all mining, logging, and grazing in the affected forests. On January 20, the court stayed its own injunction for eight days. Today's order in the case of Pacific Rivers Council v. Thomas continues this stay for 47 more days. The extra time will enable the National Marine Fisheries Service and the Forest Service to complete their ongoing consultations on the forest plan in an orderly fashion. The Forest Service has nearly completed its comprehensive review of the ongoing commercial activities, which are being submitted to the NMFS. The service is examining the potential impact of these activities on salmon in 38 watershed areas, and has finished analysis of 32 of these areas. Under the stay, businesses and individuals are permitted during the next 47 days to engage in commercial activities that have already been determined by the United States Forest Service to be "not likely to adversely affect" the listed salmon. The Pacific Rivers case, docket number Civ. No. 94-0159-SHLR/DAE, is being heard by Judge David A. Ezra, who is sitting in

the federal District Court of Idaho. The joint press release and the order are attached. ### 95-045 ​

JOINT PRESS RELEASE RELEASED BY THE DEPARTMENT OF JUSTICE, THE PACIFIC RIVERS COUNCIL AND THE WILDERNESS SOCIETY JANUARY 25, 1995 Today, the District Court of Idaho, through Judge David Alan Ezra, stayed the implementation of its injunction in Pacific Rivers Council v. Thomas, Civ. No. 94-0159-S-HLR/DAE, through March 15, 1995, pursuant to a stipulation of the parties. Judge Ezra issued the stay based on the representation by the government that it will, during this stay, work expeditiously to complete, in a thorough and responsible manner, the ongoing consultations on the Forest Plans for the six affected Idaho forests. Judge Ezra also granted the stay based on plaintiffs' representation that the endangered Snake River chinook salmon are not likely to be adversely affected by the continuation, during this period, of ongoing activities (approximately 50) that the Forest Service has determined to be "not likely to adversely affect" the listed salmon. In light of the lack of adverse impacts, the Judge Ezra stayed the injunction to lessen the impact of the injunction on local communities in the vicinity of these six forests and to preserve the status quo. ###