AMERICAN TIMBER CO. v. BERGLUND

No. CV 76-115-M.

473 F.Supp. 310 (1979)

AMERICAN TIMBER CO., a corporation, F. H. Stoltze Land & Lumber Co., Inc., a corporation, Louisiana-Pacific Corporation, a corporation, Rudolph B. Hoecker, George Stearns, Harold McLaughlin, and Richard G. Walters, Plaintiffs, v. Bob BERGLUND, Secretary of Agriculture, Individually and in his official capacity, R. Max Peterson, Chief, Forest Service, United States Department of Agriculture, Individually and in his official capacity, Tom Coston, Regional Forester, Region I, Forest Service, United States Department of Agriculture, Individually and in his official capacity, and John Emerson, Forest Supervisor, Flathead National Forest, Individually and in his official capacity, Defendants.

United States District Court, D. Montana, Missoula Division.

July 16, 1979.


Attorney(s) appearing for the Case

John O. Mudd, Mulroney, Delaney, Dalby & Mudd, Missoula, Mont., Leonard B. Netzorg, Portland, Or., for plaintiffs.

Robert T. O'Leary, U. S. Atty., Butte, Mont., for defendants.


OPINION

RUSSELL E. SMITH, District Judge.

In this action plaintiffs challenge the validity of the Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) issued by the Flathead National Forest.

The corporate plaintiffs all own and operate sawmills and related facilities which depend on the Flathead National Forest (Flathead Forest) for an adequate supply of timber to meet their operational needs. As a consequence...

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