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SIERRA CLUB v. ROBERTSON

Nos. 92-3701, 92-3796.

28 F.3d 753 (1994)

SIERRA CLUB; Jerry Williams; Defenders of the Ouachita Forest; Sherry Balkenhol; Bill Greer; Stan Heard; Plaintiffs-Appellants, Ouachita Watch League; Concerned Citizens, of Hot Springs; Beth Johnson; Intervenors-Appellants, State of Arkansas, Intervenor, v. F. Dale ROBERTSON, Chief, USDA Forest Service; John E. Alcock; John M. Curran, Supervisor, Ouachita National Forest; Larry Theivagt; George Landrum; Paul Fuller; Don Monk; John Archer; James Watson; Robert Raines; Douglas Webb; Eugene Hayes, in his official capacity as Fourche District Ranger, USDA Forest Service; Defendants-Appellees. Arkansas Forestry Association; Ouachita National Forest Timber Purchasers Group; Region 8 Forest Service Timber Purchasers Council, Intervenors-Appellees. SIERRA CLUB; Jerry Williams; Defenders of the Ouachita Forest; Sherry Balkenhol; Bill Greer; Stan Heard; Plaintiffs, Ouachita Watch League; Concerned Citizens, of Hot Springs; Beth Johnson; Intervenor, State of Arkansas, Intervenor-Appellant, v. F. Dale ROBERTSON, Chief, USDA Forest Service; John E. Alcock; John M. Curran, Supervisor, Ouachita National Forest; Larry Theivagt; George Landrum; Paul Fuller; Don Monk; John Archer; James Watson; Robert Raines; Douglas Webb; Eugene Hayes, in his official capacity as Fourche District Ranger, USDA Forest Service; Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Mary Rowlins, Mena, AR, argued, for appellant.

Robert Klarquist, Washington, DC, argued (Myles E. Flint, Martin W. Matzen, David F. Shuey and Robert L. Klarquist, on the brief), for Federal appellees (Searcy W. Harrell, Jr., Camden, AR, and Steven P. Quarles and Thomas R. Lundquist, Washington, DC, on the brief), for Timber appellees.

Before BOWMAN, WOLLMAN, and MAGILL, Circuit Judges.

BOWMAN, Circuit Judge.

The Sierra Club and various other organizations and individuals (the Sierra Club), together with the State of Arkansas, sought judicial review of the United States Forest Service's Amended Land and Resource Management Plan for the Ouachita National Forest (the Plan). As part of this litigation, the Sierra Club petitioned the District Court1 for a preliminary injunction barring the Forest Service from proceeding with...

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