SIERRA CLUB v. ROBERTSON

No. 91-2565.

960 F.2d 83 (1992)

SIERRA CLUB; Jerry Williams; Defenders of the Ouachita Forest; Sherry Balkenhol; Bill Greer; Stan Heard, Plaintiffs, Ouachita Watch League; Concerned Citizens of Hot Springs; Beth Johnson, Intervenors, v. F. Dale ROBERTSON, Chief, USDA Forest Service; John E. Alcock; John M. Curran, Supervisor, Ouachita National Forest; Larry Theivagt; George Landrum; Paul Fuller; Don Monk; John Archer; James Watson; Robert Raines; Douglas Webb; Eugene Hayes, in his official capacity as Fourche District Ranger, USDA Forest Service, Defendants-Appellees, Arkansas Forestry Association; Ouachita National Forest Timber Purchasers Group; Region 8 Forest Service Timber Purchasers Council, Intervenor-Appellees. State of Arkansas, Movant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 27, 1992.


Attorney(s) appearing for the Case

Jeffery A. Bell, Little Rock, Ark., argued (Winston Bryant, Jeffrey A. Bell and Mary B. Stallcup, on brief), for appellant.

Peter A. Appel, Washington, D.C., argued (Barry M. Hartman, J. Michael Fitzhugh, Charles E. Smith, Martin W. Matzen, David F. Shuey and Peter A. Appel, on brief), and Vicki Breman, Atlanta, Ga., of counsel, for appellees.

Before FAGG and WOLLMAN, Circuit Judges, and WOODS, District Judge.


WOLLMAN, Circuit Judge.

The State of Arkansas appeals from the district court's denial of the State's motion to intervene as a plaintiff in an action against the Forest Service. We reverse and remand.

I.

The Forest Service proposed to implement certain forest management practices (the "Plan") in the Ouachita National Forest in Arkansas. The Plan addressed, among other things, the production of trees in even-aged stands and the use of burning, clearcutting...

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