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STATE OF CAL. v. BLOCK

Nos. 80-4101, 80-4111, 80-4112, 80-4115 and 80-4218.

690 F.2d 753 (1982)

STATE OF CALIFORNIA, Plaintiff-Appellee, v. John R. BLOCK, in his official capacity as Secretary of the United States Department of Agriculture; et al., Defendant-Appellants. County of Del Norte, a political subdivision of the State of California, et al., Defendant-Intervenor-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1982.

Attorney(s) appearing for the Case

Robin L. Rivett, Sacramento, Cal., Jared G. Carter, Rawles, Hinkle, Finnegan, Carter & Brigham, Ukiah, Cal., David Booth Beers, Robert L. Klarquist, Dept. of Justice, Washington, D. C., for Bergland.

Edna Walz, Asst. Atty. Gen., Sacramento, Cal., argued for plaintiff-appellee; Francia M. Welker, Fort Bragg, Cal., on brief.

Trent W. Orr, San Francisco, Cal., for Natural Resource Defense Council.

Before TANG and ALARCON, Circuit Judges and KELLAM, District Judge.

TANG, Circuit Judge:

This appeal is from a summary judgment and injunction entered against the Forest Service for failing to comply with the National Environmental Policy Act, 42 U.S.C. §§ 4331-4332 (1976), in preparing an environmental impact statement ("EIS") on a Forest Service decision to allocate National Forest System land among three management categories. Four principal issues are raised. Did the district court err in holding that:

(1) the...

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