ECOLOGY CENTER, INC. v. AUSTIN

No. 03-35995.

430 F.3d 1057 (2005)

ECOLOGY CENTER, INC., Plaintiff-Appellant, v. Deborah AUSTIN, in her official capacity as Forest Supervisor for the Lolo National Forest; Bradley Powell, Regional Forester of Region One of the U.S. Forest service; united states forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees, Mineral County; Town of Superior; St. Regis School District No. 6; Superior School District No. 3; Montana Coalition Of Forest Counties; Tricon Timber, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2005.


Attorney(s) appearing for the Case

Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the plaintiff-appellant.

Aaron P. Avila, Ronald M. Spritzer, Department of Justice, Washington, D.C., for the defendants-appellees.

Before: B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.


BETTY B. FLETCHER, Circuit Judge.

Ecology Center, Inc. ("Ecology Center") challenges the United States Forest Service's ("Forest Service" or "Service") Lolo National Forest Post Burn Project ("Project"), which was designed in the aftermath of the 2000 wildfires on the Lolo National Forest ("LNF"). Ecology Center raises a number of procedural and substantive claims under the National Environmental Policy Act ("NEPA") and the National Forest Management Act ("NFMA")...

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