Notice of “intent to appeal” the decision by Judge Michael Hogan denying a preliminary injunction temporarily banning Oregon Resources from mining near Seven Devils Road in Bandon, will be filed federal court in Eugene, tomorrow. The appeal will be filed with the United States Court of Appeal in the Ninth Circuit in San Francisco.

Recently, in an unrelated case involving federal lands, the Ninth Circuit overturned another preliminary injunction denial in a ruling that “…preserves the right of all citizens to request a preliminary injunction to stop construction before the damage is done”.

A ruling by the Ninth Circuit Court of Appeals this week has set a precedent by defining at what point environmental groups may stop federal projects.

In question was the Preliminary Injunction issued by the Ninth Circuit Court of Appeals last year that stopped a massive federal logging project about 15 miles west of Wisdom in Montana’s Big Hole Valley.

“This landmark precedent is vitally important because the court ruled that citizens can still get injunctions to temporarily stop government actions, such as clearcutting, while a case is being heard,” said Michael Garrity, Executive Director of the Alliance for the Wild Rockies who, along with the Native Ecosystems Council were co-plaintiffs in the original lawsuit.

“If the damage from clearcutting was allowed to continue while we argued in court, winning would mean nothing because all the trees would already have been cut.”

Initially, Federal District Judge Donald Molloy had refused to allow the temporary injunction to stop the logging, but was overruled by the Ninth Circuit, which allowed the Preliminary Injunction in June of 2010.

The plaintiffs are optimistic mining operations will delayed pending the outcome of the suit challenging the permits issued by Army Corps and National Marine Fisheries.