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OREGON NATURAL RESOURCES COUNCIL v. GROSSARTH

No. 91-35790.

979 F.2d 1377 (1992)

OREGON NATURAL RESOURCES COUNCIL, INC., a non-profit corporation; Portland Audubon Society, a nonprofit corporation, Plaintiffs-Appellants, v. Orville GROSSARTH, in his official capacity as Supervisor, Fremont National Forest; John Butruille, in his official capacity as Regional Forester, Pacific Northwest Region; U.S. Forest Service, an agency of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Adam J. Berger, Seattle, Wash., for plaintiffs-appellants.

Gary Kahn, Reeves, Kahn & Eder, Portland, Or., for plaintiffs-appellants.

Victor M. Sher, Seattle, Wash., for plaintiffs-appellants.

Robert Klarquist, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before: GOODWIN and SCHROEDER, Circuit Judges, and KEEP, District Judge.

SCHROEDER, Circuit Judge:

This case arises out of the United States Forest Service's approval on August 14, 1989, of a timber sale, known as the Auger Timber Sale, in the Fremont National Forest in south central Oregon. The plaintiffs are the Oregon Natural Resources Council and the Portland Audubon Society (referred to collectively as "ONRC"). After filing several administrative appeals, they filed this action on December 4, 1989, challenging the sale on four grounds...

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