PORTLAND AUDUBON SOC. v. LUJAN

No. 89-35337.

884 F.2d 1233 (1989)

PORTLAND AUDUBON SOCIETY; Headwaters; The Wilderness Society; Sierra Club, Inc.; Siskiyou Audubon Society; Central Oregon Audubon Society; Kalmiopsis Audubon Society; Salem Audubon Society; Umpqua Valley Audubon Society; Natural Resources Defense Council; Lane County Audubon Society; Oregon Natural Resources Council, Plaintiffs-Appellants, v. Manuel LUJAN, Jr., in his official capacity as Secretary, United States Department of Interior, Defendant-Appellee, and Northwest Forest Resource Council; Huffman and Wright Logging Company, et al.; Association of O & C Counties, et al,; Douglas County Forest Products, et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1989.


Attorney(s) appearing for the Case

Victor M. Sher, Sierra Club Legal Defense Fund, Inc., Seattle, Wash., for plaintiffs-appellants.

Martin W. Matzen, Dept. of Justice, Washington, D.C., for defendant-appellee Manuel Lujan, Jr.

Phillip D. Chadsey, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for defendants-intervenors-appellees The Ass'n of O & C Counties, et al.

Mark C. Rutzick, Preston, Thorgrimson, Ellis & Holman, Portland, Or., for defendants-intervenors-appellees The Northwest Forest Resource Council, et al.

Before GOODWIN, Chief Judge, SCHROEDER and PREGERSON, Circuit Judges.


GOODWIN, Chief Judge:

On remand from this court's decision in Portland Audubon Society v. Hodel, 866 F.2d 302 (9th Cir.1989), the district court took testimony, examined exhibits, reviewed the applicable law, and concluded that section 314 of Pub.L. No. 100-446, 102 Stat. 1774, 1825 (1988), barred plaintiffs' National Environmental Protection Agency (NEPA) claim. The district court also concluded that plaintiffs' other claims...

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