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BLUE MOUNTAINS BIODIVERSITY PROJECT v. BLACKWOOD

No. 98-35783.

161 F.3d 1208 (1998)

BLUE MOUNTAINS BIODIVERSITY PROJECT; Blue Mountain Native Forest Alliance; Society Advocating Natural Ecosystems; Cascadia Fire Ecology Education Project, Plaintiffs-Appellants, v. Jeff BLACKWOOD, in his capacity as Supervisor, Umatilla National Forest; United States Forest Service, Defendants-Appellees, Malheur Lumber Company; Ochoco Lumber Company; Prairie Wood Products; D.R. Johnson Lumber Co.; Malheur Timber Operators; Northwest Forest Resource Council, Intervenors-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1998.

Attorney(s) appearing for the Case

Marc D. Fink, Boise, Idaho; Jack K. Sterne, Alaska, for plaintiffs-appellants.

Michael K. Martin, United States Department of Justice, Washington, DC, for defendants-appellees.

Scott W. Horngren, Portland, Oregon, for intervenors-defendants-appellees.

Before: FLETCHER and TASHIMA, Circuit Judges, and FITZGERALD, District Judge.

FLETCHER, Circuit Judge:

We are called upon to determine whether the United States Forest Service ("Forest Service") could award a series of contracts for timber salvage sales in the Umatilla National Forest in eastern Oregon without preparing an Environmental Impact Statement ("EIS") for the largest project and without evaluating the cumulative effects of multiple sales proposed in an area burned by a large wildfire. The...

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