N.W. INDIAN CEMETERY PROTECTIVE ASS'N v. PETERSON

Nos. C-82-4049 SAW, C-82-5943 SAW.

565 F.Supp. 586 (1983)

NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION, a non-profit corporation; Jimmie James; Sam Jones; Lowana Brantner; Christopher H. Peters; Sierra Club, a non-profit corporation; the Wilderness Society, a non-profit corporation; California Trout, a non-profit corporation; Siskiyou Mountains Resource Council, an unincorporated association; Redwood Region Audubon Society, an unincorporated association; Northcoast Environmental Center, a non-profit corporation; Timothy McKay; and John Amodio; Plaintiffs, v. R. Max PETERSON, in his official capacity as Chief, United States Forest Service; John R. Block, in his official capacity as Secretary of the Department of Agriculture; United States Forest Service; and United States of America; Defendants. STATE OF CALIFORNIA, Acting By and Through The NATIVE AMERICAN HERITAGE COMMISSION, Plaintiff, v. John R. BLOCK, in his official capacity as Secretary of the United States Department of Agriculture; R. Max Peterson, in his official capacity as Chief of the Forest Service of the United States Department of Agriculture; Zane G. Smith, Jr., in his official capacity as Regional Forester of the California Region of the Forest Service of the United States Department of Agriculture, Defendants.

United States District Court, N.D. California.

May 24, 1983.


Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., Rodney H. Hamblin, Asst. U.S. Atty., San Francisco, Cal., for defendants.

Michael R. Sherwood, Julie E. McDonald, Sierra Club Legal Defense Fund, San Francisco, Cal., Marilyn B. Miles, Michael S. Pfeffer, David J. Rapport, California Indian Legal Services, Eureka, Cal., John K. Van De Kamp, Atty. Gen., of the State of Cal., Robert H. Connett, Asst. Atty. Gen., Edna Walz, Deputy Atty. Gen., Sacramento, Cal., for plaintiff.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

WEIGEL, District Judge.

These two suits, consolidated for trial, challenge decisions by the United States Forest Service (Forest Service) (1) to complete construction of the last 6.02 miles (Chimney Rock Section) of a paved road from Gasquet, California, to Orleans, California (the "G-O road"), and (2) to adopt a forest management plan providing for the harvesting of timber...

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