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OREGON NATURAL RESOURCES COUNCIL v. ALLEN

No. 05-35830.

476 F.3d 1031 (2007)

OREGON NATURAL RESOURCES COUNCIL; Klamath Siskiyou Wildlands Center; Cascadia Wildlands Project; Siskiyou Regional Education Project; Friends of the Living Oregon Waters; National Center for Conservation Science and Policy, Plaintiffs-Appellants, v. David B. ALLEN, in his official capacity as Regional Director for the United States Fish and Wildlife Service's Pacific Region; U.S. Fish & Wildlife Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2007.

Attorney(s) appearing for the Case

Kristen L. Boyles, Earthjustice, Seattle, WA, Stephanie M. Parents, Pacific Enviornmental Advocacy Center, Portland, OR, for the plaintiffs-appellants.

R. Justin Smith, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Mark C. Rutzick, Portland, OR, for amicus curiae American Forest Resource Council.

Before: GOODWIN, TASHIMA, and GRABER, Circuit Judges.

TASHIMA, Circuit Judge:

As a result of this court's opinion in Gifford Pinchot Task Force v. United States Fish & Wildlife Service, 378 F.3d 1059 (9th Cir.2004), the Fish and Wildlife Service ("FWS") voluntarily reinitiated consultation with two federal agencies regarding the impact of a portion of a proposed timber harvest on the endangered northern spotted owl. The FWS accordingly withdrew its favorable Biological Opinion...

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