CITY OF TENAKEE SPRINGS v. CLOUGH

Nos. 90-35516, 90-35527.

915 F.2d 1308 (1990)

CITY OF TENAKEE SPRINGS; Southeast Alaska Conservation Council; The Sierra Club; The Wilderness Society; et al.; The Organized Village of Kake; Kake Tribal Corporation; Angoon Community Association; Donald Frank; Eli Hanlon, Sr., Individually and as Chief of The Wooshikitaan Clan; Richard Sheakley, Sr., Individually and as Chief of the T'Addeintaan Clan; Victor Bean; Richard Bean Jr.; Ernestine Hanlon; George Westman; Douglas Glessing, Plaintiffs-Appellants, v. Helen CLOUGH, District Ranger, Sitka Ranger District, Tongass National Forest; Joseph A. Chiarella, District Ranger, Hoonah Ranger District, Tongass National Forest; Gary Morrison, Forest Supervisor, Chattham Area, Tongass National Forest; Ron Humphrey, Forest Supervisor, Stikine Area, Tongass National Forest; Michael A. Barton, Regional Forester, Alaska Region, et al.; Dale Robertson, in his official capacity as Chief of the United States Forest Service; Richard Lyng, in his official capacity as Secretary of Agriculture; United States Forest Service; an agency within the Department of Agriculture, Defendants-Appellees, Alaska Pulp Corporation, an Alaska Corporation; Whitestone Logging, Inc., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1990.


Attorney(s) appearing for the Case

David C. Shilton, Dept. of Justice, Washington, D.C., for defendants-appellees.

Vance A. Sanders and Mark Regan, Alaska Legal Services Corp., Juneau, Alaska, and Carol H. Daniel and Joseph D. Johnson, Anchorage, Alaska, for Hanlon, appellant.

Eric P. Jorgensen, Thomas S. Waldo, Marlyn J. Twitchell, Sierra Club Legal Defense Fund, Juneau, Alaska, for Tenakee, appellant.

James F. Clark, Robertson, Monagle, & Eastaugh, Juneau, Alaska, for intervenor Alaska Pulp.

Before WRIGHT, SCHROEDER and NORRIS, Circuit Judges.


SCHROEDER, Circuit Judge:

The City of Tenakee Springs (the City) and Native Alaskan subsistence users (Hanlon) appeal the district court's denial of their motions for preliminary injunctions. The underlying action is their consolidated challenge to the ten volume Supplemental Environmental Impact Statement (SEIS) which the United States Forest Service released in November 1989 concerning old growth timber harvesting in the Tongass National Forest in southeastern Alaska...

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