`
`
`
`Erika E. Malmen, Bar No. 6185
`EMalmen@perkinscoie.com
`Robert A. Maynard, Bar No. 5537
`RMaynard@perkinscoie.com
`Kaycee M. Royer, Bar No. 10810
`KRoyer@perkinscoie.com
`PERKINS COIE LLP
`1111 West Jefferson Street, Suite 500
`Boise, ID 83702-5391
`Telephone: 208.343.3434
`Facsimile: 208.343.3232
`
`Attorneys for Plaintiffs
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF IDAHO
`
`Case No. 1:19-CV-0118-CWD
`
`PLAINTIFFS’ MOTION FOR
`PRELIMINARY INJUNCTION
`
`SAWTOOTH MOUNTAIN RANCH LLC,
`LYNN ARNONE, and DAVID BOREN,
`Plaintiffs,
`
`v.
`UNITED STATES OF AMERICA;
`UNITED STATES DEPARTMENT OF
`AGRICULTURE; SONNY PERDUE,
`Secretary of Agriculture; UNITED
`STATES FOREST SERVICE;
`SAWTOOTH NATIONAL FOREST; JIM
`DEMAAGD, Forest Supervisor;
`SAWTOOTH NATIONAL
`RECREATION AREA; KIRK
`FLANNIGAN, Area Ranger;
`DEPARTMENT OF
`TRANSPORTATION, FEDERAL
`HIGHWAY ADMINISTRATION,
`Defendants.
`
`
`
`The Plaintiffs, David Boren, Lynn Arnone, and Sawtooth Mountain Ranch LLC, hereby
`move the Court for a preliminary injunction under Federal Rule of Civil Procedure 65
`
`PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION - 1
`134943-0001/LEGAL147632731.1
`
`
`
`Case 1:19-cv-00118-CWD Document 62 Filed 05/20/20 Page 2 of 3
`
`prohibiting Defendants from constructing the Redfish to Stanley Trail as is authorized by the
`June 6, 2017, Decision Memo.1
`The Plaintiffs are likely to succeed on the merits of their claims because the Defendants
`failed to complete their mandatory duties under the Endangered Species Act to consult with the
`U.S. Fish & Wildlife Service and National Marine Fisheries Service with regard to listed aquatic
`species in the project area when they authorized construction of the Trail. Additionally, the
`Defendants intend to discharge dredged and fill material into jurisdictional wetlands without a
`valid Section 404 permit in violation of the Clean Water Act. The failure to comply with these
`statutes will result in environmental harms that are not remedied by money damages. Enjoining
`construction of the Trail until the Court can determine the merits of Plaintiffs claims is in the
`public interest because it will preserve the status quo and prevent environmental harm.
`This motion is supported by the accompanying Memorandum in Support, Third
`Declaration of David Boren, and Declaration of John Stewart. Plaintiffs respectfully request a
`hearing on this motion.
`
`DATED: May 20, 2020.
`
`
`PERKINS COIE LLP
`
`By: /s/ Erika E. Malmen
`Erika E. Malmen
`EMalmen@perkinscoie.com
`Robert A. Maynard
`RMaynard@perkinscoie.com
`Kaycee M. Royer
`KRoyer@perkinscoie.com
`1111 West Jefferson Street, Suite 500
`Boise, ID 83702-5391
`Attorneys for Plaintiffs
`
`
`
`
`
`
`
`
`
`1 AR 0294-0304.
`
`PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION - 2
`134943-0001/LEGAL147632731.1
`
`
`
`Case 1:19-cv-00118-CWD Document 62 Filed 05/20/20 Page 3 of 3
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on May 20, 2020, I filed the foregoing electronically through
`the CM/ECF system, which caused the following parties or counsel to be served by electronic
`means, as more fully reflected on the Notice of Electronic Filing:
`
`Christine Gealy England
`Christine.england@usdoj.gov
`Marie Callaway Kellner
`mkellner@idahoconservation.org
`
`
`/s/ Erika E. Malmen
`
`Erika E. Malmen
`
`
`
`
`
`PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION - 3
`134943-0001/LEGAL147632731.1
`
`
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