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CONSERVATION CONGRESS v. FINLEY

No. 12-16916.

774 F.3d 611 (2014)

CONSERVATION CONGRESS, a nonprofit corporation, Plaintiff-Appellant, and Environmental Protection Information Center, a nonprofit corporation, Plaintiff, v. Nancy FINLEY, in her official capacity as Field Supervisor, Arcata Fish and Wildlife Office; U.S. Fish & Wildlife Service, an administrative agency of the United States Department of the Interior; Tyrone Kelley, in his official capacity as Forest Supervisor, Six Rivers National Forest; United States Forest Service, an administrative agency of the United States Department of Agriculture, Defendants-Appellees, Trinity River Lumber, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2014.

Attorney(s) appearing for the Case

René P. Voss (argued), San Anselmo, CA; James Jay Tutchton , Tutchton Law Office LLC, Centennial, CO, for Plaintiff-Appellant.

Mark R. Haag (argued) and Robert P. Stockman , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Ignacia S. Moreno , Assistant Attorney General, Washington, D.C.; James Rosen , Office of the General Counsel, United States Department of Agriculture, Washington, D.C.; Veronica Rowan , Assistant Regional Solicitor, United States Department of the Interior, Washington, D.C., for Defendants-Appellees.

Scott W. Horngren (argued), American Forest Resource Council, Portland, OR, for Intervenor-Defendant-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge, and DIARMUID F. O'SCANNLAIN and M. MARGARET McKEOWN, Circuit Judges.

OPINION

We again consider the fate of the threatened Northern Spotted Owl, this time in the context of a lumber thinning and fuel reduction project in northern California, known as the Beaverslide Project. Conservation Congress contends that the federal government violated various national environmental laws in failing...

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