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DOUGLAS COUNTY v. BABBITT

Nos. 93-36013, 93-36016.

48 F.3d 1495 (1995)

DOUGLAS COUNTY, a political subdivision of the State of Oregon, Plaintiff-Appellee. v. Bruce BABBITT, Secretary of the Interior, United States Department of the Interior, Defendant-Appellant. DOUGLAS COUNTY, a political subdivision of the State of Oregon, Plaintiff-Appellee, v. Bruce BABBITT, Defendant, and HEADWATERS, INC.; Umpqua Valley Audubon Society, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1995.

Attorney(s) appearing for the Case

Albert M. Ferlo, Jr., Environmental and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Ronald S. Yockim, Cegavske, Johnston, Yockim & Associates, Roseburg, OR, for plaintiff-appellee.

Todd D. True, Sierra Club Legal Defense Fund, Inc., Seattle, WA, for defendants-intervenors-appellants.

Scott W. Horngren, Haglund & Kirtley, Portland, OR, and Steven P. Quarles, Crowell & Moring, Washington, DC, for Timer Amici.

Before: PREGERSON and TROTT, Circuit Judges, and FITZGERALD, Senior District Judge.

PREGERSON, Circuit Judge:

I. OVERVIEW

Secretary of the Interior Bruce Babbitt (the Secretary) and intervenors, Headwaters, Inc. and Umpqua Valley Audubon Society (Headwaters), appeal the district court's grant of summary judgment in favor of Douglas County, Oregon (the County), in the County's action alleging that the Secretary failed to comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., in designating...

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