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SIERRA CLUB v. U.S. FOREST SERVICE

No. 87-2749.

843 F.2d 1190 (1988)

SIERRA CLUB, a California non-profit corporation, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Zane Smith, Regional Forester, Defendants-Appellees, Tule River Indian Tribe; Sierra Forest Products; Sequoia Forest Industries; Louisiana-Pacific Corporation; Western Timber Association, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1988.

As Amended on Denial of Rehearing June 24, 1988.

Attorney(s) appearing for the Case

Ralph A. Bradley, Bradley & Gordon, P.C., Eugene, Or., for plaintiff-appellant.

Anna S. Almy, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendants-appellees.

Michael E. Haglund, Lindsay, Hart, Neil & Weigler, Portland, Or., for defendant-intervenors-appellees.

Before GOODWIN, NELSON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

The Sierra Club brought this action pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332(2)(C) (1982), challenging the Forest Service's decision not to prepare an environmental impact statement (EIS) for nine timber sales in the Sequoia National Forest (the Forest). The district court denied the Sierra Club's motion for a preliminary injunction to halt logging, which had already begun. However,...

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