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SIERRA CLUB v. CARGILL

Nos. 92-1277, 92-1316.

11 F.3d 1545 (1994)

SIERRA CLUB, Plaintiff-Appellee, v. Gary CARGILL, in his official capacity as Regional Forester for the Rocky Mountain Region of the U.S. Forest Service; F. Dale Robertson, in his official capacity as Chief of the U.S. Forest Service; Lloyd Todd, in his official capacity as Forest Supervisor for the Bighorn National Forest, Defendants, Sheridan County Economic Development Council, a Wyoming non-profit corporation, Defendant-Intervenor, and Wyoming Sawmills, Inc., a Wyoming corporation; Ernie Schmidt, Defendants-Intervenors-Appellants. SIERRA CLUB, Plaintiff-Appellee, v. Gary CARGILL, in his official capacity as Regional Forester for the Rocky Mountain Region of the U.S. Forest Service; F. Dale Robertson, in his official capacity as Chief of the U.S. Forest Service; Lloyd Todd, in his official capacity as Forest Supervisor for the Bighorn National Forest, Defendants-Appellants, and Wyoming Sawmills, Inc., a Wyoming corporation; Ernie Schmidt; and Sheridan County Economic Development Council, a Wyoming non-profit corporation, Defendants-Intervenors.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 1, 1994.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson, Atty., Dept. of Justice, Washington, DC (Vicki A. O'Meara and Myles E. Flint, Acting Asst. Atty. Generals, and K. Jack Haugrud and John A. Bryson, Attys., Dept. of Justice, Washington, DC; and Kathryn Toffenetti, Office of the General Counsel, U.S. Dept. of Agriculture, Washington, DC, of Counsel, with her on the briefs), for Federal defendants.

Scott W. Horngren of Haglund & Kirtley, Portland, OR (Kim E. Ikeler and Jay Horowitz of Krendle Horowitz & Krendl, Denver, CO, with him on the briefs), for defendants-intervenors.

Frederico Cheever of Faegre & Benson, Denver, CO (Douglas L. Honnold of Sierra Club Legal Defense Fund, Denver, CO, with him on the briefs), for plaintiff Sierra Club.

Before SEYMOUR, BARRETT, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

The Sierra Club brought suit against the United States Forest Service ("Forest Service") for alleged violations of the National Forest Management Act, 16 U.S.C. §§ 1600 et seq. ("NFMA"), in the Forest Service's management of the Bighorn National Forest in Wyoming. The district court subsequently enjoined the Forest Service from offering most Bighorn forest land for timber harvest under its forest management plan. Sierra Club...

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