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Ass'n v. McDaniel

United States District Court, D. Oregon

June 5, 2015

OREGON NATURAL DESERT ASS'N, Plaintiff,
v.
KENNY McDANIEL, Burns District Manager, BLM, et al., Defendants, and HARNEY COUNTY, Defendant-Intervenor.

OPINION AND ORDER

PAUL PAPAK, Magistrate Judge.

Plaintiff has established that a significant change in facts warrants revision of the existing preliminary injunction (#160, #175, #197, #198). Accordingly, plaintiffs Motion to Modify Injunction and/or Motion for Preliminary Injunction (#219) is GRANTED AS FOLLOWS: the Federal defendants are prohibited from authorizing, allowing, or carrying out motorized travel or mechanical maintenance on all Obscure Routes within the Steens Mountain Comprehensive Management and Protection Area ("CMPA"), save for the limited use of 11 routes, totaling 5. 78 miles, as outlined on pages 8-11 of Defendants' Proposed Order (#234), [1] pending the court's decision on the merits of plaintiffs claims.

IT IS FURTHER ORDERED THAT: the parties shall confer and report to the court within 30 days following the date that the Department of the Interior's Steens Mountain Comprehensive Recreation Plan becomes effective, see 43 C.F.R. §§ 4.21, 4.403, with a recommended schedule for cross motions for summary judgment and any other necessary pleadings or motions.

The bond in this public interest litigation is waived. See People ex rel. Van De Kamp v. Tahoe Reg'l Planning Agency, 766 F.2d 1319, 1325-26 (9th Cir. 1985). Nothing in this order is intended to limit the Bureau of Land Management's authority to travel throughout the CMPA for administrative purposes or to respond to an emergency. 16 U.S.C. § 460nnn-22(b)(2)(A).

Further, Plaintiffs Motion to Enforce (#219) is DENIED as moot. Additionally, Plaintiffs Motion to Strike (#237) is DENIED.


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