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GREAT OLD BROADS FOR WILDERNESS v. KIMBELL

No. 11-16183.

709 F.3d 836 (2013)

GREAT OLD BROADS FOR WILDERNESS; The Wilderness Society, Plaintiffs-Appellants, v. Abigail KIMBELL, Chief, United States Forest Service; Mike Johanns, Secretary of Agriculture; Edward Monning, Humboldt-Toiyabe National Forest Supervisor; Jack Troyer, Intermountain Regional Forester; United States Forest Service; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2013.

Attorney(s) appearing for the Case

Alison Christine Flint (argued) and Michael Freeman , Earthjustice, Denver, CO; Craig Coleman , Faegre Baker Daniels LLP, Minneapolis, MN; Henry Egghart , Attorney, Reno, NV, for Appellants.

Elizabeth Ann Peterson (argued), Environment & Natural Resources Division, Department of Justice, Washington, D.C.; Andrew A. Smith , Assistant United States Attorney, Albuquerque, NM, for Appellees.

Before: ROBERT D. SACK, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

GOULD, Circuit Judge:

This case arises out of the long and contentious process to repair a flood-damaged road in a sensitive area of the Humboldt-Toiyabe National Forest in Elko County, Nevada. A related dispute reached us twice before, when we ordered that Appellants Great Old Broads and the Wilderness Society (collectively, "Great Old Broads") be allowed to intervene in court-directed settlement talks...

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