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HELLS CANYON PRESERVATION COUNCIL v. RICHMOND

Civ. No. 92-1432-ST.

841 F.Supp. 1039 (1993)

HELLS CANYON PRESERVATION COUNCIL, Plaintiff, v. Robert RICHMOND, in his official capacity as Wallowa-Whitman National Forest Supervisor; Mike Espy, in his official capacity as Secretary of Agriculture; U.S. Forest Service, Defendants, Northwest Powerboaters Association, Inc., an Idaho nonprofit corporation; Western Whitewater Association, an Idaho nonprofit association; R Y Timber, Inc., an Idaho corporation; Wallowa County, a public entity; Boise Cascade Corp., a Delaware corporation; Ellingson Lumber Co., an Oregon Corporation; Northwest Forestry Association, an Oregon nonprofit corporation; Northwest Forest Resource Council, an Oregon nonprofit corporation, Defendant-Intervenors.

United States District Court, D. Oregon.

December 9, 1993.

Attorney(s) appearing for the Case

Gary Kahn, Reeves, Kahn & Eder, Portland, OR, for plaintiff Hells Canyon Preservation Council.

Jack C. Wong, U.S. Atty., Thomas C. Lee, Larry A. Brown, Val J. McLam Black, Sp. Asst. U.S. Atty., Office of Gen. Counsel, U.S. Dept. of Agriculture, Portland, OR, for defendants Robert Richmond, Mike Espy, and U.S. Forest Service.

Michael E. Hagland, Scott W. Horngren, Haglund & Kirtley, Portland, OR, for defendant-intervenors R Y Timber, Inc., Wallowa County, Boise Cascade Corp., Ellingson Lumber Co., Northwest Forestry Ass'n, and Northwest Forest Resource Council.

Jeffery W. Ring, Eric R. Todderud, Heller, Ehrman, White & McAuliffe, Portland, OR, for defendant-intervenors Northwest Power-boaters Ass'n, Inc. and Western Whitewater Ass'n.

OPINION

STEWART, Magistrate Judge:

INTRODUCTION

This is an action brought pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551-559 and the Hells Canyon National Recreation Area Act ("HCNRA Act"), 16 U.S.C. §§ 460gg to -13, to obtain declaratory and injunctive relief requiring defendant the United States Forest Service ("Forest Service") to promulgate rules...

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