This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

PROTECT OUR COMMUNITIES

FOUNDATION; BACKCOUNTRY

AGAINST DUMPS; EAST COUNTY

COMMUNITY ACTION COALITION;

DONNA TISDALE,

 Plaintiffs - Appellants,

 v.

UNITED STATES DEPARTMENT OF

AGRICULTURE; UNITED STATES

FOREST SERVICE; UNITED STATES

DEPARTMENT OF INTERIOR;

BUREAU OF LAND MANAGEMENT;

UNITED STATES FISH AND

WILDLIFE SERVICE; THOMAS J.

VILSACK, in his official capacity as

Secretary of the United States Department

of Agriculture; THOMAS TIDWELL, in

his official capacity as Chief of the Forest

Service; KENNETH LEE SALAZAR, in

his official capacity as Secretary of the

United States Department of the Interior;

BOB ABBEY, in his official capacity as

the Director of the Bureau of Land

Management; MIKE POOL, in his official

capacity as the Deputy Director of the

No. 11-56917

D.C. No. 3:11-cv-00093-BENBGS

MEMORANDUM*

FILED

JUN 11 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
-2-

Bureau of Land Management; ROWAN

GOULD, in his official capacity as Acting

Director of the United States Fish and

Wildlife Service; RANDY MOORE, in his

official capacity as Regional Forester of

the Forest Service Pacific Southwest

Region; JIM ABBOTT, in his official

capacity as California State Director of the

Bureau of Land Management; REN

LOHOEFENER, in his official capacity as

Pacific Southwest Regional Director of the

United States Fish and Wildlife Service;

WILLIAM METZ, in his official capacity

as Forest Supervisor of the Cleveland

National Forest; MARGARET GOODRO,

in her official capacity as Field Manager of

the El Centro Bureau of Land Management

Field Office; JIM BARTEL, in his official

capacity as Field Supervisor of the

Carlsbad Fish and Wildlife Service Office,

 Defendants - Appellees,

SAN DIEGO GAS & ELECTRIC

COMPANY,

 Intervenor-Defendant -

Appellee.

PROTECT OUR COMMUNITIES

FOUNDATION; BACKCOUNTRY

AGAINST DUMPS; EAST COUNTY

COMMUNITY ACTION COALITION;

DONNA TISDALE,

No. 12-55174

D.C. No. 3:11-cv-00093-BENBGS
-3-

 Plaintiffs - Appellants,

 v.

UNITED STATES DEPARTMENT OF

AGRICULTURE; UNITED STATES

FOREST SERVICE; UNITED STATES

DEPARTMENT OF INTERIOR;

BUREAU OF LAND MANAGEMENT;

UNITED STATES FISH AND

WILDLIFE SERVICE; THOMAS J.

VILSACK, in his official capacity as

Secretary of the United States Department

of Agriculture; THOMAS TIDWELL, in

his official capacity as Chief of the Forest

Service; KENNETH LEE SALAZAR, in

his official capacity as Secretary of the

United States Department of the Interior;

BOB ABBEY, in his official capacity as

the Director of the Bureau of Land

Management; MIKE POOL, in his official

capacity as the Deputy Director of the

Bureau of Land Management; ROWAN

GOULD, in his official capacity as Acting

Director of the United States Fish and

Wildlife Service; RANDY MOORE, in his

official capacity as Regional Forester of

the Forest Service Pacific Southwest

Region; JIM ABBOTT, in his official

capacity as California State Director of the

Bureau of Land Management; REN

LOHOEFENER, in his official capacity as

Pacific Southwest Regional Director of the

United States Fish and Wildlife Service;

WILLIAM METZ, in his official capacity

as Forest Supervisor of the Cleveland

National Forest; MARGARET GOODRO,
The Honorable Kevin Thomas Duffy, United States District Judge for **

the Southern District of New York, sitting by designation.

-4-

in her official capacity as Field Manager of

the El Centro Bureau of Land Management

Field Office; JIM BARTEL, in his official

capacity as Field Supervisor of the

Carlsbad Fish and Wildlife Service Office,

 Defendants - Appellees,

SAN DIEGO GAS & ELECTRIC

COMPANY,

 Intervenor-Defendant -

Appellee.

Appeal from the United States District Court

for the Southern District of California

Roger T. Benitez, District Judge, Presiding

Argued and Submitted June 7, 2012

Pasadena, California

Before: TROTT and THOMAS, Circuit Judges, and DUFFY, District Judge.** 

Plaintiffs appeal the district court’s denial of their request for preliminary

injunctive relief. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we

affirm. Because the parties are familiar with the factual and procedural history of

this case, we need not recount it here.
-5-

“A plaintiff seeking a preliminary injunction must establish that he is likely

to succeed on the merits, that he is likely to suffer irreparable harm in the absence

of preliminary relief, that the balance of equities tips in his favor, and that an

injunction is in the public interest.” Winter v. Nat’l Res. Def. Council, 555 U.S. 7,

20 (2008). Our sole inquiry in this interlocutory appeal is whether the district court

abused its discretion in denying preliminary injunctive relief. Lands Council v.

McNair, 537 F.3d 981, 986 (9th Cir. 2008) (en banc); Sports Form, Inc. v. United

Press Int’l, Inc., 686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of

review). 

After a thorough review of the record and consideration of the arguments

made by the parties, we conclude the district court did not abuse its discretion in

denying relief. We therefore affirm the order of the district court denying the

motion for a preliminary injunction.

All pending motions are denied as moot.

AFFIRMED.