NATIVE AMERICANS FOR ENOLA v. U.S. FOREST SERVICE

No. 93-36130.

60 F.3d 645 (1995)

NATIVE AMERICANS for ENOLA; Cascade Geographic Society; Friends of Enola Hill; Rip Lone Wolf, Plaintiffs-Appellants, v. U.S. FOREST SERVICE, Defendant-Appellee, and Caffall Bros. Forest Products, Inc.; and Ray Schoppert Logging, Inc., an Oregon corporation, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1995.


Attorney(s) appearing for the Case

William C. Carpenter, Jr., Eugene, OR, and C. Peter Sorenson, Eugene, OR, for plaintiffs-appellants.

Elizabeth S. Merritt, Associate Gen. Counsel, Nat. Trust for Historic Preservation in the U.S., Washington, DC, for amicus curiae.

Jacques B. Gelin, U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Thomas J. Greif, Portland, OR, for defendants-intervenors-appellees.

Before: GOODWIN and HUG, Circuit Judges, and SCHWARZER, District Judge.


Native Americans for Enola, et al., appeal the district court's decision that the Forest Service, United States Department of Agriculture ("Forest Service"), did not violate Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470 et seq., in issuing a permit allowing commercial use of a Forest Service road. The permit was required to allow the company, Ray Schoppert Logging, Inc., to use Forest Service roads when hauling timber harvested...

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