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MARBLE MOUNTAIN AUDUBON SOC. v. RICE

No. 90-15389.

914 F.2d 179 (1990)

MARBLE MOUNTAIN AUDUBON SOCIETY, Natural Resources Defense Council; Klamath Forest Alliance; Klamath River Concerned Citizens; Salmon River Concerned Citizens; and Defenders of Wildlife, Plaintiffs-Appellants, v. Robert L. RICE, Supervisor, Klamath National Forest; and United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1990.

Attorney(s) appearing for the Case

Nathaniel S.W. Lawrence and David B. Edelson, Natural Resources Defense Council, San Francisco, Cal., for plaintiffs-appellants.

Edmund F. Brennan, Asst. U.S. Atty., Sacramento, Cal., for defendants-appellees.

Wesley R. Higbie, Hendrickson, Higbie & Cole, San Francisco, Cal., for amici curiae timber companies.

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

GOODWIN, Chief Judge:

Plaintiff environmental groups appeal from a summary judgment in favor of the United States Forest Service in their action challenging a fire-recovery timber sale in the Grider Creek drainage in Klamath National Forest. We reverse and remand.

During 1987, fires swept through approximately 15,000 acres of the 27,730-acre Grider Creek drainage. The Forest Service immediately began to plan the salvage and rehabilitation of the damaged area...

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