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PORTLAND AUDUBON SOC. v. BABBITT

Nos. 92-36616, 92-36617 and 92-36666.

998 F.2d 705 (1993)

PORTLAND AUDUBON SOCIETY, et al., Plaintiffs-Appellees, v. Bruce BABBITT, in his official capacity as Secretary, United States Department of Interior, Defendant-Appellant, and Northwest Forest Resource Council, et al., Intervenors-Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1993.

Attorney(s) appearing for the Case

Ellen J. Durkee, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Michael D. Axline, Western Environmental Law Clinic, University of Oregon School of Law, Eugene, OR, for plaintiffs-appellees, Lane County Audubon Soc. and Oregon Natural Resources Council.

Victor M. Sher, Sierra Club Legal Defense Fund, Inc., Seattle, WA, for plaintiffs-appellees.

Mark C. Rutzick, Preston, Thorgrimson, Shidler, Gates & Ellis, Portland, OR, for defendants-intervenors-appellants for Northwest Forest Resource Council, et al.

Kevin Q. Davis, Stoel, Rives, Boley, Jones & Grey, Portland, OR, for defendants-intervenors-appellants The Association of O & C Counties and Benton County.

Before: GOODWIN, SCHROEDER, and PREGERSON, Circuit Judges.

SCHROEDER, Circuit Judge:

The Secretary of the Interior, the Northwest Forest Resource Council, The Association of O & C Counties and Benton County, along with various forest products companies, appeal the district court's grant of summary judgment in favor of the Portland Audubon Society and other environmental groups (PAS) in PAS's action challenging the Secretary's decision not to supplement Timber Management Plans (TMPs) prepared between 1979 and 1983 with...

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