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OREGON NATURAL RESOURCES COUNCIL v. THOMAS

No. 95-36256.

92 F.3d 792 (1996)

OREGON NATURAL RESOURCES COUNCIL; Umpqua Watersheds, Plaintiffs-Appellants, v. Jack Ward THOMAS; United States Forest Service; Defendants-Appellees, Douglas Timber Operators; Huffman and Wright Logging Company, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Patti A. Goldman and Laura S. Ziemer, Sierra Club Legal Defense Fund, Seattle, Washington, for plaintiffs-appellants.

Robin Michaels, Anne S. Almy and Albert M. Ferlo, Jr., United States Department of Justice, Washington, D.C., for defendants-appellees.

Mark C. Rutzick and Alison Kean Campbell, Mark C. Rutzick Law Firm, Portland, Oregon, for defendants-intervenors-appellees.

Before: REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge REINHARDT.

KOZINSKI, Circuit Judge.

We consider whether review of certain timber sales is available under the Administrative Procedure Act.

I

Plaintiffs Oregon Natural Resources Council and Umpqua Watersheds, Inc. are environmental organizations trying to block four sales of timber by defendant Jack Ward Thomas, Chief of the United States Forest Service.1 Plaintiffs...

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