DUBOIS v. U.S. DEPT. OF AGRICULTURE

Nos. 96-1015, 96-1068.

102 F.3d 1273 (1996)

Roland C. DUBOIS and Restore: The North Woods, Plaintiffs, Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., and Loon Mountain Recreation Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 19, 1996.


Attorney(s) appearing for the Case

Roland C. Dubois, Washington, DC, pro se.

Cindy Ellen Hill, Middlebury, VT, for plaintiff-appellant RESTORE: The North Woods.

Jeffrey P. Kehne, Washington, DC, with whom Lois J. Schiffer, Assistant Attorney General, Sylvia Quast, John A. Bryson, Attorneys, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, Paul M. Gagnon, United States Attorney, T. David Plourde, Assistant United States Attorney, Concord, NH, Wendy M. John, Stuart L. Shelton, Office of the General Counsel, U.S. Department of Agriculture, Washington, DC, and Leslie M. Auriemmo, Office of the General Counsel, U.S. Department of Agriculture, Milwaukee, WI, were on brief for defendants-appellees U.S. Department of Agriculture; Daniel Glickman, Secretary, U.S. Department of Agriculture; Jack Ward Thomas, Chief, U.S. Forest Service; Robert Jacobs, Regional Forester, Eastern Region, U.S. Forest Service; Donna Hepp, Forest Supervisor, White Mountain National Forest.

James L. Kruse, Concord, NH, with whom Gallagher, Callahan & Gartrell, P.A., were on brief for defendant-appellee Loon Mountain Recreation Corporation.

Before SELYA, Circuit Judge, and COFFIN and BOWNES, Senior Circuit Judges.


BOWNES, Senior Circuit Judge.

The defendant-intervenor Loon Mountain Recreation Corporation ("Loon Corp.") operates a ski resort in the White Mountain National Forest in Lincoln, New Hampshire. In order to expand its skiing facilities, Loon Corp. sought and received a permit to do so from the United States Forest Service.1 Appellant Roland Dubois sued the Forest Service alleging violations of the National Environmental Policy Act ("NEPA...

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