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SEATTLE AUDUBON SOC. v. ROBERTSON

Nos. 90-35020, 90-8008.

914 F.2d 1311 (1990)

SEATTLE AUDUBON SOCIETY; Pilchuck Audubon Society; Washington Environmental Council; Washington Native Plants Society; Oregon Natural Resources Council, Inc.; Portland Audubon Society; Lane County Audubon Society; Siuslaw Task Force, Plaintiffs-Appellants, v. F. Dale ROBERTSON, in his official capacity as Chief, United States Forest Service; United States Forest Service, an agency of the United States, Defendants-Appellees. SEATTLE AUDUBON SOCIETY; Pilchuck Audubon Society; Washington Environmental Council; Washington Native Plants Society; Oregon Natural Resources Council, Inc.; Portland Audubon Society; Lane County Audubon Society; Siuslaw Task Force, Plaintiffs-Appellants, v. F. Dale ROBERTSON; United States Forest Service, Defendants-Appellees, Northwest Forest Resource Council; Association of O & C Counties, Defendant/Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1990.

As Amended October 30, 1990.

Attorney(s) appearing for the Case

Todd D. True, Sierra Club Legal Defense Fund, Inc., Seattle, Wash., for plaintiffs-appellants.

Michael Axline, Western Natural Resources Law Clinic, Eugene, Oregon, for Oregon Natural Resources Council.

Mark C. Rutzick, Preston, Thorgrimson, Shidler, Gates & Ellis, Portland, Or., for Northwest Forest Resource Council.

Phillip Chadsey, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for Association of O & C Counties.

Martin W. Matzen, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

These consolidated appeals arise out of the ongoing controversy over logging in old growth forests in Oregon and Washington and the impact of that logging on the northern spotted owl. In response to ongoing legal disputes, Congress enacted section 318 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990, Pub.L. No. 101-121, 103 Stat. 701, 745-50 (1989) ("section 318"). Section 318 would allow timber...

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