SEATTLE AUDUBON SOC. v. MOSELEY

Nos. 95-35052, 95-35214 and 95-35215.

80 F.3d 1401 (1996)

SEATTLE AUDUBON SOCIETY; Washington Environmental Council; Washington Native Plants Society; Save the West; The Sierra Club, a non-profit corporation, Plaintiffs, and Native Forest Council, Plaintiff-Appellant, v. James R. MOSELEY, in his official capacity as Asst. Secretary of Agriculture; James Lyons, in his official capacity as Asst. Secretary of Agriculture for Natural Resources and Environment; United States Forest Service, an agency of the United States; Bureau of Land Management, an agency of the United States; Michael Espy, in his official capacity as Secretary of Agriculture; Bruce Babbitt, in his capacity as Secretary of the Interior, Defendants-Appellees, and Washington Contract Loggers Assoc.; Burgess Logging Co.; Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart; Gregory A. Miller; Northwest Forest Resource Council, Defendants-Intervenors. SEATTLE AUDUBON SOCIETY; Washington Environmental Council; The Sierra Club, a non-profit corporation; Native Forest Council, Plaintiffs, and Save The West; Forest Conservation Council, Plaintiffs-Appellants, v. James R. MOSELEY, in his official capacity as Asst. Secretary of Agriculture; James Lyons, in his official capacity as Asst. Secretary of Agriculture for Natural Resources and Environment; United States Forest Service, an agency of the United States; Bureau Of Land Management, Medford District, an agency of the United States; Michael Espy, in his official capacity as Secretary of Agriculture; Bruce Babbitt, in his capacity as Secretary of the Interior, Defendants-Appellees, and Washington Contract Loggers Assoc.; Burgess Logging Co.; Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart; Gregory A. Miller; Northwest Forest Resource Council, Defendants-Intervenors. SEATTLE AUDUBON SOCIETY; Washington Environmental Council; Save The West; The Sierra Club, a non-profit corporation; Native Forest Council, Forest Conservation Council, Plaintiffs-Appellees, v. James R. MOSELEY, in his official capacity as Asst. Secretary of Agriculture; Bruce Babbitt, in his capacity as Secretary of the Interior; United States Forest Service, an agency of the United States; Bureau of Land Management, Medford District, an agency of the United States; Michael Espy, in his official capacity as Secretary of Agriculture, Defendants, Washington Contract Loggers Assoc.; Burgess Logging Co.; Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart; Gregory A. Miller; Defendants-Intervenors, and James Lyons, in his official capacity as Asst. Secretary of Agriculture for Natural Resources and Environment, Defendant-Appellee, Northwest Forest Resource Council, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1996.


Attorney(s) appearing for the Case

Stephen M. Truitt, Washington, D.C., and John S. Karpinski, Vancouver, Washington, for plaintiff-appellant-cross-appellee Native Forest Council.

Peggy Hennessy, Reeves, Kahn & Eder, Portland, Oregon, for plaintiffs-appellants-cross-appellees Forest Conservation Council and Save the West.

Mark C. Rutzick, Mark C. Rutzick Law Firm, Portland, Oregon, for defendants-intervenors-appellants Northwest Forest Resource Council.

David C. Shilton, Environmental and Natural Resources Division, United States Department of Justice, Washington, D.C., for defendants-appellees.

Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.


OPINION

PER CURIAM:

All three of these appeals arise from challenges to the April 13, 1994 decision by the Secretaries of Agriculture and Interior to approve a plan to manage federal land with spotted owl habitat in the Pacific Northwest.

I.

In appeals nos. 95-35052 and 95-35214, Native Forest Council, Forest Conservation Council and Save the West ("the environmental plaintiffs") appeal the district court's grant of summary judgment upholding...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases