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SIERRA CLUB v. KIMBELL

No. 09-1639.

623 F.3d 549 (2010)

SIERRA CLUB; Friends of the Boundary Waters Wilderness; Defenders of Wildlife; Northeastern Minnesotans for Wilderness, Appellants, v. Abigail KIMBELL, Chief of the United States Forest Service; Tom Vilsack, Secretary of Agriculture, Appellees. Minnesota Forest Industries, Inc.; Minnesota Timber Producers Association; Lake County; All Terrain Vehicle Association of Minnesota; Blue Ribbon Coalition, Inc., Intervenor Defendants/Appellees, The Ruffed Grouse Society, Amicus on Behalf of Appellee, Mark Holsten, as Commissioner of The Minnesota Department of Natural Resources, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 18, 2010.

Attorney(s) appearing for the Case

Sanne Knudsen , argued, Brian B. O'Neill , Richard A. Duncan , on the brief, Minneapolis, MN, for appellants.

Ellen J. Durkee , U.S.D.O.J., argued, Brian M. Collins , David C. Shilton , U.S.D.O.J., on the brief, Washington, DC, for Federal Appellees.

David R. Oberstar , argued, Duluth, MN, for Appellees Minnesota Forest Industries, Inc. and Minnesota Timber Producers Assoc.

Paul A. Turcke , Boise, ID, Kathleen M. Ghreichi , Minnetonka, MN, on the brief, for Intervenor-Appellees ATVAM and BlueRibbon Coalition.

Ryan L. Woody , Hartford, WI, on the amicus brief of The Ruffed Grouse Society in support of appellees.

David P. Iverson , AAG, Nathan J. Hartshorn , AAG, St. Paul, MN, on the amicus brief of Mark Holsten as Commissioner of the Minnesota Department of Natural Resources on behalf of the appellees.

Before LOKEN, Chief Judge, COLLOTON and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

In July 2004, the United States Forest Service issued a Land and Resource Management Plan for the Superior National Forest (the "forest plan"). Sierra Club, Friends of the Boundary Waters Wilderness, and Northeastern Minnesotans for Wilderness (collectively, "Sierra Club") sought judicial review of the forest plan in the district court. As relevant to this appeal, Sierra Club argued that the Forest...

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