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ALASKA CENTER FOR ENVIRONMENT v. ARMBRISTER

No. 97-35503.

131 F.3d 1285 (1997)

ALASKA CENTER FOR THE ENVIRONMENT; Alaska Wilderness Recreation and Tourism Association; Alaska Wildlife Alliance; and Trustees For Alaska, Plaintiffs-Appellants, v. Carl S. ARMBRISTER, Director, Office of Planning and Program; Federal Highway Administration; Phil Janik, Regional Forester, Alaska Region, U.S. Forest Service; U.S. Forest Service, Defendants-Appellees, Alaska Visitors Association; Chugach Alaska Corporation; City of Whittier; Alaska State District Council of Laborers; State of Alaska; Prince William Sound Economic Development Council, Inc., Defendant-Intervenors- Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1997.

As Amended on Denial of Rehearing and Suggestion for Rehearing December 15, 1997.

Attorney(s) appearing for the Case

Patrick D. Lavin, Anchorage, Alaska, for the appellants.

Albert M. Ferlo, Jr., Assistant Attorney General, Washington, DC, for the defendant-appellees.

John L. Steiner and James E. Cantor, Assistant Attorneys General, Anchorage, Alaska, for the appellee State of Alaska.

Frederick H. Boness, Anchorage, Alaska, for the intervenor-appellee City of Whittier.

Philip Blumstein, Anchorage, Alaska, for the intervenor-appellee Chugach Alaska Corporation.

Susan A. Burke, Juneau, Alaska, for the intervenor-appellee Alaska Vistors Association.

Before: WALLACE, NOONAN and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc December 15, 1997.*

DAVID R. THOMPSON, Circuit Judge.

OVERVIEW

Alaska Center for the Environment and several other organizations (referred to collectively as "ACE") challenge the decision to construct and fund a road from Portage to Whittier, Alaska. Pursuant to a joint state-federal transportation project, the Federal Highway Administration (FHWA...

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