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SIERRA CLUB v. MARITA

Nos. 94-1736, 94-1827.

46 F.3d 606 (1995)

SIERRA CLUB, Wisconsin Forest Conservation Task Force and Wisconsin Audubon Council, Incorporated, Plaintiffs-Appellants, v. Floyd J. MARITA, as Regional Forester of the Eastern Region of the Forest Service, United States Department of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1995.

Rehearing Denied April 5, 1995.

Attorney(s) appearing for the Case

Bonnie A. Wendorff, Walter Kuhlmann (argued), Boardman, Suhr, Curry & Field, Madison, WI, for plaintiffs-appellants.

Katherine W. Hazard (argued), Albert M. Ferlo, Dept. of Justice, Land & Natural Resources Div., Washington, DC, for defendants-appellees in No. 94-1736.

Nathaniel S.W. Lawrence, San Francisco, CA, for amici curiae Society for Conservation Biology, American Institute of Biological Sciences.

Scott W. Hansen, R. Timothy Muth, Reinhart, Boerner, Vandeuren, Norris & Rieselbach, Milwaukee, WI, for amicus curiae Lake States Resource Alliance, Inc.

Mel S. Johnson, Asst. U.S. Atty., Milwaukee, WI, Elizabeth A. Peterson (argued), Dept. of Justice, Land & Natural Resources Div., Wells Burgess, Jonathan Wiener, Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants-appellees in No. 94-1827.

Before CUMMINGS, FLAUM, and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

Plaintiffs Sierra Club, Wisconsin Forest Conservation Task Force, and Wisconsin Audubon Council, Inc. (collectively, "Sierra Club") brought suit against defendant United States Forest Service ("Service") seeking to enjoin timber harvesting, road construction or reconstruction, and the creation of wildlife openings at two national forests in northern Wisconsin. The Sierra Club claimed that the Service violated a number of environmental statutes...

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