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NORTHWEST FOREST RESOURCE v. GLICKMAN

Nos. 95-36038, 95-36042.

82 F.3d 825 (1996)

NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation, Plaintiff-Appellee, v. Daniel GLICKMAN, in his capacity as Secretary of Agriculture; Bruce Babbitt, in his capacity as Secretary of the Interior, Defendants, and Oregon Natural Resources Council; Sierra Club, Inc.; Pilchuck Audubon Society; Western Ancient Forest Campaign; Portland Audubon Society; Black Hills Audubon Society; and Headwaters, Intervenors-Appellants. NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation, Plaintiff-Appellee, v. Daniel GLICKMAN, in his capacity as Secretary of Agriculture; Bruce Babbitt, in his capacity as Secretary of the Interior, Defendants-Appellants, and Oregon Natural Resources Council, Inc.; Sierra Club, Inc.; Pilchuck Audubon Society; Western Ancient Forest Campaign; Portland Audubon Society; Black Hills Audubon Society; and Headwaters, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1996.

As Amended on Denial of Rehearing May 30, 1996.

Attorney(s) appearing for the Case

Albert M. Ferlo, Jr., United States Department of Justice, Washington, DC, for defendants-appellants.

Patti A. Goldman and Kristen L. Boyles, Sierra Club Legal Defense Fund, Seattle, Washington, for intervenors-appellants.

Mark C. Rutzick and Alison Kean Campbell, Portland, Oregon, for plaintiff-appellee.

Before: JOHN T. NOONAN, Jr., LEAVY and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider what would appear to be a relatively straightforward question of statutory interpretation with fairly profound consequences. This appeal requires us to determine the relationship between two separate statutory provisions governing timber sales, Section 2001(k)(1) of the Fiscal Year 1995 Emergency Supplemental Appropriations for Disaster Relief and Rescissions Act, and Section 318 of the Department of the Interior and...

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