PACIFIC RIVERS COUNCIL v. THOMAS

Civ. No. 94-0159-S-DAE.

897 F.Supp. 454 (1995)

PACIFIC RIVERS COUNCIL, and The Wilderness Society, Plaintiffs, v. Jack Ward THOMAS, in his official capacity as Chief of the United States Forest Service; and United States Forest Service, Defendants, and Intermountain Forest Industry Association; Shearer Lumber Products; Boise Cascade Company; Associated Logging Contractors; Hecla Mining Company; Meridian Gold Company; and Thompson Creek Mining Company, Defendant-Intervenors.

United States District Court, D. Idaho.

March 8, 1995.


Attorney(s) appearing for the Case

Todd D. True, Adam J. Berger, Kristen L. Boyles, Sierra Club Legal Defense Fund Inc., Seattle, WA, and Laird J. Lucas, Land & Water Fund of the Rockies, Boise, ID, for plaintiff.

D. Marc Haws, Asst. U.S. Atty., U.S. Attorney's Office, Boise, ID, Lois J. Schiffer, U.S. Dept. of Justice, Land & Natural Resources Division, Washington, DC, James C. Kilbourne, Fred R. Disheroon, Charles R. Shockey, U.S. Dept. of Justice, Environment & Natural Resources Division, Washington, DC, Elinor Colbourn, U.S. Dept. of Justice, Washington, DC, Bruce M. Smith, and Patrick D. Madigan, Rosholt Robertson & Tucker, Boise, ID, for defendants.

Albert P. Barker, Hawley Troxell Ennis & Hawley, Boise, ID, Elizabeth H. Temkin, Scott W. Hardt, Ballard Spahr Andrews & Ingersoll, Denver, CO, B. Newal Squyres, Brian J. King, Murray D. Feldman, Holland & Hart, Boise, ID, Laurie L. Korneffel, Dean R. Massey, Parcel Mauro Hultin & Spaanstra, Denver, CO, Michael J. Brennan, C. William Groscup, Holland & Hart, Washington, DC, Scott L. Campbell, Elam & Burke, Boise, ID, Bruce M. Smith, Patrick D. Madigan, Rosholt Robertson & Tucker, Boise, ID, Nancy A. Wolff, Richard S. Christensen, Morris & Wolff, St. Maries, ID, and Charles L.A. Cox, and Justin W. Julian, Evans Keane Koontz Boyd Simko & Ripley, Kellogg, ID, for intervenors.


ORDER DISSOLVING INJUNCTION

DAVID ALAN EZRA, District Judge.

On January 12, 1995, this court issued its Order Granting Injunctive Relief in this matter. Based upon unambiguous Ninth Circuit precedent, this court found that the failure of the National Forest Service to timely complete formal consultation with the National Marine Fisheries Service compelled the order enjoining all ongoing as well as proposed construction, timber, grazing and mining...

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