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SIERRA CLUB v. U.S. FOREST SERVICE

Nos. 95-35892, 95-36033.

93 F.3d 610 (1996)

SIERRA CLUB, a California nonprofit corporation; Oregon Natural Resources Council, an Oregon nonprofit corporation; Charlie Ogle, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee. SIERRA CLUB, a California nonprofit corporation; Oregon Natural Resources Council, an Oregon nonprofit corporation, Plaintiffs, and Charlie Ogle, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Marianne Dugan, Western Environmental Law Center, Inc., Eugene, Oregon, for plaintiffs-appellants.

Lisa E. Jones, United States Department of Justice, Washington, DC, for defendant-appellee.

Mark C. Rutzick, Portland, OR, for amicus Associated Oregon Loggers Ass'n.

Before: GOODWIN and BRUNETTI, Circuit Judges, and KING, District Judge.

GOODWIN, Circuit Judge:

This consolidated appeal requires us to determine when "preparation" of a salvage timber sale ends for purposes of the Supplemental Appropriations for Disaster Assistance and Rescissions Act (the Act), Pub.L. No. 104-19, 109 Stat. 194 (1995).

This action is a National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321, et. seq., challenge to proposed salvage timber sales in the Warner Creek area of Oregon. After Plaintiffs...

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