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NATIONAL AUDUBON SOCIETY v. HOFFMAN

Nos. 825, 1415, Dockets 96-6037, 96-6049.

132 F.3d 7 (1997)

NATIONAL AUDUBON SOCIETY, Sierra Club, The Wilderness Society, Conservation Law Foundation, Inc., Vermont Audubon Council, Restore: The North Woods, Preserve Appalachian Wilderness, Green Mountain Forest Watch, James Northup, Ellen Kingsbury Viereck, Tyler Resch, Mathew Jacobson, Plaintiffs-Appellees-Cross-Appellants, v. Terry W. HOFFMAN, former Forest Supervisor of the Green Mountain National Forest, James Bartelme, Forest Supervisor of the Green Mountain National Forest, Michael Schrotz, Manchester District Ranger, Floyd "Butch" Marita, Regional Forester, in their official capacities as employees of the U.S.D.A. Forest Service, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 22, 1997.

Attorney(s) appearing for the Case

Helen M. Toor, Chief, United States Attorney's Office, Civil Division, Burlington, VT (Charles R. Tetzlaff, United States Attorney for the District of Vermont, Burlington, VT, of counsel), for Defendants-Appellants-Cross-Appellees.

Stephen L. Saltonstall, Bennington, VT (Witten, Saltonstall, Woolmington, Bongartz & Campbell, P.C., Bennington, VT; Lewis M. Milford, Franklin Fraley, Conservation Law Foundation, Inc., Montpelier, VT, of counsel), for Plaintiffs-Appellees-Cross-Appellants.

Patrick Parenteau, Environmental Law Center, Vermont Law School, South Royalton, VT, filed a brief for Amicus Curiae Association of Forest Service Employees for Environmental Ethics.

Before: WINTER, Chief Judge, CARDAMONE and CABRANES, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal flows from the National Forest Service's decision to implement a logging project in Vermont's Green Mountain National Forest. The questions before us are, first, whether the Forest Service's decision to implement this proposed action has met the procedural requirements of the National Environmental Policy Act (NEPA), and, second, whether this proposed action is consistent with the Green Mountain National Forest Land and Resource...

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