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SIERRA CLUB v. BABBITT

Nos. 93-35482, 93-35498 and 93-35509.

65 F.3d 1502 (1995)

SIERRA CLUB; Headwaters, Inc.; Forest Conservation Council; and Oregon Natural Resources Council, Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, U.S. Department of Interior, Defendant, and Seneca Sawmill Company, an Oregon corporation, Defendant-intervenor-Appellant. SIERRA CLUB, Plaintiff-Appellee, v. Bruce BABBITT, Defendant-Appellant. SIERRA CLUB, Plaintiff-Appellant, v. Bruce BABBITT, Defendant-Appellee, and Seneca Sawmill Company, an Oregon corporation, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

William H. Sherlock, Ashland, OR; and Gary K. Kahn, Reeves, Kahn & Eder, Portland, OR, for plaintiffs-appellees-cross-appellants.

Peter A. Appel, United States Department of Justice, Washington, DC, for defendant-appellant-cross-appellee.

Mark C. Rutzick, Portland, OR, for defendant-intervenor-appellant-appellee.

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

Opinion by Judge Trott; Dissent by Judge Pregerson.

TROTT, Circuit Judge:

OVERVIEW

Sierra Club and other environmental organizations filed suit against the Secretary of the Interior Bruce Babbitt ("Secretary") seeking to enjoin Seneca Sawmill Company's ("Seneca") construction of a logging road on right-of-way crossing Bureau of Land Management ("BLM") forestland. Sierra Club alleged the BLM failed to comply with the procedural commandments of the...

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