Opinion
No. 09-35756.
Argued and Submitted February 2, 2010.
Filed June 24, 2010.
Matthew Kellogg Bishop, Western Environmental Law Center, Helena, MT, Susan Jane McKibben Brown, Western Environmental Law Center, Portland, OR, for Plaintiffs-Appellants.
John Emad Arbab, U.S. Department of Justice, Washington, DC, Mark Steger Smith, Esquire, Assistant U.S., Office of the U.S. Attorney, Billings, MT, for Defendants-Appellees.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. 9:09-cv-00107-DWM.
ORDER
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
We reverse the order of the district court denying Plaintiffs-Appellants' motion for a preliminary injunction.
We remand this action to the District Court for the District of Montana, with direction to enter a preliminary injunction ordering Defendants forthwith to cease implementation of the Rat Creek Salvage Project.
An opinion will follow in due course.