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THOMAS v. PETERSON

No. 84-3887.

753 F.2d 754 (1985)

Harold THOMAS, dba Allison Ranch and Cook Ranch, et al., Plaintiffs-Appellants, v. R. Max PETERSON, in his official capacity as Chief of the United States Forest Service, Defendant-Appellee, and Inland Forest Resource Council, a Montana corporation, et al., Defendants/Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1985.

Attorney(s) appearing for the Case

Michael Axline, Pacific Northwest Resources Clinic, Eugene, Or., for plaintiffs-appellants.

Albert M. Ferlo, Jr., Dept. of Justice, Washington, D.C., Hugh O'Riordan, Boise, Idaho, for defendant-appellee.

Before WRIGHT, SNEED, and ALARCON, Circuit Judges.

SNEED, Circuit Judge:

Plaintiffs sought to enjoin construction of a timber road in a former National Forest roadless area. The District Court granted summary judgment in favor of defendant R. Max Peterson, Chief of the Forest Service, and plaintiffs appealed. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

We conclude that: (1) The National Environmental Policy Act (NEPA) requires the Forest Service to prepare...

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