SIERRA CLUB v. U.S. FOREST SERVICE

Civ. A. No. 92-5101.

878 F.Supp. 1295 (1993)

The SIERRA CLUB, A Non-Profit Corporation; and Native Ecosystems Council, A Non-Profit Montana Corporation, Plaintiffs, v. UNITED STATES FOREST SERVICE, United States Department of Agriculture, Roberta Moltzen, Forest Supervisor, Black Hills National Forest, Tom L. Thompson, Acting Regional Forester, Region Two, and F. Dale Robertson, Chief of the United States Department of Agriculture, Defendants, Black Hills Forest Resource Association, Intervenor.

United States District Court, D. South Dakota, Western Division.

October 28, 1993.


Attorney(s) appearing for the Case

James F. Margadant, Sieler & Trimble, Rapid City, SD, Jack R. Tuholske, Missoula, MT, for The Sierra Club, Native Ecosystems Council.

Robert A. Mandel, U.S. Atty's. Office, Rapid City, SD, for U.S. Forest Service, Dept. of Agriculture, Roberta Moltzen, Tom L. Thompson, F. Dale Robertson.

Gary R. Richards, Richards, Hood & Brady, P.C., Spearfish, SD, for Black Hills Forest Resources Ass'n.


MEMORANDUM OPINION AND ORDER

BATTEY, Chief Judge.

PROCEDURAL HISTORY

Sierra Club and Native Ecosystems, Inc. (plaintiffs) in this case seek judicial review of a decision by the defendants to allow two timber sales in a portion of the Black Hills National Forest. Pending before the Court are cross motions for summary judgment by plaintiffs, defendants, and intervenor.

FACTS

The Black Hills National Forest consists of 1,235,780...

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