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Erik Barnes and Tina Barnes, Plaintiffs, v. Bruce Babbitt; Denise Meredith; and John Christensen, Defendants, National Wildlife Federation; Arizona Wildlife Federation; Maricopa Audubon Society; Sierra Club; and the Wilderness Society, Plaintiffs,

INJUNCTIVE ORDER PURSUANT TO THE COURT'S JULY 20, 2004 ORDER (Proposed)

JOSEPH DiCLERICO, District Judge

1. For the reasons stated in this Court's Order dated July 20, 2004, the following decisions of the Interior Board of Land Appeals (IBLA) are vacated:

a. National Wildlife Federation et al., Erik and Tina Barnes, 151 IBLA 104 (Nos. IBLA 96-526, 96-536) (Nov. 24, 1999) (affirming the Range Improvement Maintenance Plan (RIM Plan)).

b. Erik and Tina Barnes, National Wildlife Federation et al., 151 IBLA 128 (Nos. IBLA 97-150, 97-151) (Nov. 30, 1999) (affirming the Access Decision).

2. Because this Court's Order dated July 20, 2004, requires the Bureau of Land Management (BLM) to re-evaluate the RIM Plan and the Access Decision, the following decisions of the BLM are also vacated:

a. Finding of No Significant Impact/Decision Record, Arrastra Mountain Wilderness Range Improvement Maintenance Plan and Environmental Assessment (AZ-026-92-011) (July 17, 1996).

b. Finding of No Significant Impact/Decision Record, Wilderness Inholding Access — Arrastra Mountain Wilderness Environmental Assessment (AZ-026-94-23) (Nov. 13, 1996).

3. The implementation of the BLM's decisions listed in paragraph 2 above is enjoined.

4. Except as provided in paragraph 5, the parties are enjoined from taking any action authorized by either of the decisions listed in paragraph 2 above unless and until such action is authorized by a new BLM decision consistent with this Court's Order dated July 20, 2004.

5. Paragraph 4 notwithstanding, this injunction does not prohibit:

a. the maintenance and repair of existing fences within the Arrastra Mountain Wilderness that are listed in the RIM Plan, so long as no motor vehicles or mechanized equipment are used within the Wilderness, or

b. the maintenance and repair of the existing water development at Tina High Spring, so long as no motor vehicles or mechanized equipment are used within the Wilderness, and so long as the development is not expanded beyond its existing size, water flow capacity and water storage capacity.

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BARNES v. BABBITT
(Oct 7, 2004)