CITIZENS FOR BETTER FORS. v. U.S. DEPT., AGRI.

No. 02-16009.

341 F.3d 961 (2003)

CITIZENS FOR BETTER FORESTRY; The Ecology Center; Gifford Pinchot Task Force; Kettle Range Conservation Group; Idaho Sporting Congress, Inc.; Friends Of The Clearwater; Utah Environmental Congress; Cascadia Wildlands Project; Klamath Siskiyou Wildlands Center; Southern Appalachian Biodiversity Project; Headwaters; The Lands Council, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF AGRICULTURE; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2003.


Attorney(s) appearing for the Case

Michael Axline and Marc D. Fink, Western Environmental Law Center, Eugene, Oregon, and Roger Beers, Oakland, California for the plaintiffs-appellants.

Thomas L. Sansonetti, Assistant Attorney General, David C. Shilton and Sylvia Quast, United States Department of Justice, Washington, D.C. for the defendants-appellees.

Before: John T. Noonan, A. Wallace Tashima, and Kim McLane Wardlaw, Circuit Judges.


Argued and Submitted March 10, 2003 — San Francisco, California.

OPINION

WARDLAW, Circuit Judge:

Appellants1 (hereinafter "Citizens"), a coalition of environmental groups, appeal the district court's grant of partial summary judgment in favor of the United States Department of Agriculture and the United States Forest Service (collectively the "USDA"). Asserting that the USDA failed to comply with procedural requirements...

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