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SWANSON v. U.S. FOREST SERVICE

No. 95-35090.

87 F.3d 339 (1996)

John SWANSON; Idaho Sportsmen's Coalition; Alliance for the Wild Rockies; The Ecology Center; Foundation for North American Wild Sheep; Forest Conservation Council, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, an agency of the United States; Intermountain Forest Industry Association; Shearer Lumber Products, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

D. Bernard Zaleha, Boise, Idaho, for plaintiffs-appellants.

Christine Everett, Lois J. Schiffer, J.C. Williams, Elinor Colbourn, Vicki L. Plaut, United States Department of Justice, Washington, DC, for defendant-appellee United States Forest Service.

Bruce M. Smith, Rosholt, Robertson & Tucker, Boise, Idaho, for intervenors-appellees Intermountain Forest Industry Association and Shearer Lumber Products.

Before: D.W. NELSON and JOHN T. NOONAN, Jr., Circuit Judges, and TANNER, District Judge.

D.W. NELSON, Senior Circuit Judge:

Appellants John Swanson and Idaho Sportsmen's Coalition ("ISC") challenge the decision of the Appellee United States Forest Service to authorize timber sales and road construction within the Cove and Mallard drainages of the Nez Perce National Forest. ISC maintains that in authorizing the sales, the Forest Service failed to comply with the Endangered Species Act ("ESA"),1 the National Environmental Policy...

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