NORTHWEST FOREST RESOURCE v. PILCHUCK AUDUBON SOC.

Nos. 96-35106, 96-35107, 96-35123 and 96-35132.

97 F.3d 1161 (1996)

NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation; Scott Timber Co., Plaintiffs-Appellees, v. PILCHUCK AUDUBON SOCIETY; Oregon Natural Resources Center; Portland Audubon Society; Black Hills Audubon Society; Western Ancient Forest Campaign; Headwaters; Coast Range Association; Friends of Elk River; Washington Environmental Council; Seattle Audubon Society, Intervenors-Appellants, v. Dan GLICKMAN, et al., Defendants, v. WESTERN TIMBER COMPANY; Vaagen Brothers Lumber, Inc., Plaintiffs-Intervenors-Appellees. NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation; Scott Timber Co., Plaintiffs-Appellees, v. Dan GLICKMAN, in his official capacity as Secretary of Agriculture, et al., Defendants, and Oregon Natural Resources Center; Pilchuck Audubon Society; Sierra Club, Inc.; Western Ancient Forest Campaign; Portland Audubon Society; Black Hills Audubon Society; Headwaters, Intervenors-Appellants, and Oregon Natural Resources Center, et al., Defendants-Intervenors-Appellants. NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation; Scott Timber Co., Plaintiffs-Appellees, v. Dan GLICKMAN, in his capacity as Secretary of Agriculture, and Bruce Babbitt, in his capacity as Secretary of Interior; Defendants-Appellants, and Oregon Natural Resources Center; Pilchuck Audubon Society; Portland Audubon Society; Black Hills Audubon Society; Western Ancient Forest Campaign; Headwaters; Coast Range Association; Friends of Elk River; Washington Environmental Council; Seattle Audubon Society; Sierra Club, Inc., Intervenors. NORTHWEST FOREST RESOURCE COUNCIL, an Oregon corporation; Scott Timber Co., Plaintiffs-Appellees, v. DAN GLICKMAN, in his capacity as Secretary of Agriculture, and Bruce Babbitt, in his capacity as Secretary of Interior; and Oregon Natural Resources Center; Pilchuck Audubon Society; Black Hills Audubon Society; Western Ancient Forest Campaign; Headwaters; Coast Range Association; Friends of Elk River; Washington Environmental Council; Seattle Audubon Society; Sierra Club, Inc., Intervenors, v. Dan Glickman, et al.; Bruce Babbitt, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1996.

Rehearing Denied July 22, 1996.


Attorney(s) appearing for the Case

Patti A. Goldman and Kristen L. Boyles, Sierra Club Legal Defense Fund, Seattle, Washington, for Oregon Natural Resources Council and Pilchuck Audubon Society, et al.

Albert M. Ferlo, Jr., United States Department of Justice, Washington, DC, for the Federal Government.

Mark C. Rutzick, Portland, Oregon, for Northwest Forest Resource Council.

Scott W. Horngren, Haglund & Kirtley, Portland, Oregon, for Scott Timber Co., Vaagen Bros. Lumber, Inc.

Before GOODWIN and SCHROEDER, Circuit Judges, and ARMSTRONG, District Judge.


GOODWIN, Circuit Judge:

This is a consolidated appeal of two separate injunctions releasing government timber for sale pursuant to § 2001(k)(1) and (2) of the 1995 Supplemental Appropriations for Disaster Assistance and Rescissions Act. Pub.L. No. 104-19, § 2001(k), 109 Stat. 194, 240-47. The first order, dated January 10, 1996, rejected a challenge to the constitutionality of the statute and found that certain timber sales were covered by § 2001(k...

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