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WILDERNESS SOC. v. TYRREL

Nos. 90-15221, 90-15251.

918 F.2d 813 (1990)

The WILDERNESS SOCIETY; Sierra Club; Pacific Coast Federation of Fishermen's Associations, Inc.; California Trout, Plaintiffs-Appellees, Sierra Pacific Industries, Intervenor-Appellant, v. Robert TYRREL, Forest Supervisor of the United States Forest Service for the Shasta-Trinity National Forests; Paul Barker, Regional Forester of the United States Forest Service for Region Five, Defendants. The WILDERNESS SOCIETY; Sierra Club, a California Non-Profit Corporation; Pacific Coast Federation of Fishermen's Associations, Inc.; California Trout, Plaintiffs-Appellees, v. Robert TYRREL, Forest Supervisor of the United States Forest Service for the Shasta-Trinity National Forests; Paul Barker, Regional Forester of the United States Forest Service for Region Five, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1990.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Stephan C. Volker, Sierra Club Legal Defense Fund, San Francisco, Cal., for plaintiffs-appellees.

David H. Dun, Dun & Martinek, Eureka, Cal., for intervenor-appellant.

Before CHOY, FARRIS and THOMPSON, Circuit Judges.

FARRIS, Circuit Judge:

OVERVIEW

The Forest Service appeals the grant of Wilderness Society's summary judgment motion to permanently enjoin implementation of the South Fork Fire Recovery Sale Project. The district court found that the Forest Service's plan to allow a sale of burned timber on Forest Service land near the South Fork of the Trinity River, a river protected under the Wild and Scenic Rivers Act, was in violation of that Act. 16 U.S.C. §&...

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