OREGON NATURAL DESERT ASS'N v. THOMAS

Civil No. 94-522-HA.

940 F.Supp. 1534 (1996)

OREGON NATURAL DESERT ASSOCIATION, Rest the West, Oregon Natural Resources Council, Oregon Wildlife Federation, the Pacific Rivers Council, Portland Audubon Society, Northwest Environmental Defense Center, and Trout Unlimited, Plaintiffs, and The Confederated Tribes of the Warm Springs Reservation of Oregon, Plaintiff-Intervenor, v. Jack Ward THOMAS, in his official capacity as Chief of the United States Forest Service, Defendant. EASTERN OREGON PUBLIC LAND COALITION and Robert Burril, Defendants-Intervenors and Third-Party Plaintiffs, Grant County, a political subdivision of the State of Oregon, Defendant-Intervenor and Third-Party Plaintiff, v. Jack Ward THOMAS, in his official capacity as Chief of the United States Forest Service, Third-Party Defendant.

United States District Court, D. Oregon.

September 26, 1996.


Attorney(s) appearing for the Case

Michael Axline, Stuart Sugarman, of Counsel, Eugene, OR, for Plaintiffs.

Howard G. Arnett, Paul Dewey, of Counsel, Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend, OR, for Plaintiff-Intervenor.

Lois J. Schiffer, Assistant Attorney General, Environmental and Natural Resources Division, Steven E. Rusak, Trial Attorney, Environmental Defense Section, United States Department of Justice, Washington, DC, Kristine Olson, United States Attorney, Jonathan Ray, Assistant United States Attorney, Portland, OR, Jocelyn B. Somers, Special Assistant United States Attorney, of Counsel, Portland, OR, for Defendant.

Daniel E. O'Leary, Michael J. Uda, Davis Wright Tremaine, Portland, OR, for Defendants-Intervenors Eastern Oregon Public Land Coalition and Robert Burril.

Ronald S. Yockim, Cegavske Johnston Yockim & Associates, Roseburg, OR, for Defendant-Intervenor Grant County.


HAGGERTY, District Judge:

Plaintiffs, are a collection of several environmental groups, and plaintiff-intervenor, the Confederated Tribes of the Warm Springs Reservation of Oregon, bring this action against the United States Forest Service ("USFS") under the citizen suit provision of the Clean Water Act ("CWA"), 33 U.S.C. § 1365, as well as under the Administrative Procedure Act ("APA"), 5 U.S.C. § 702. Plaintiffs seek a declaratory judgment establishing...

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