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MAHLER v. U.S. FOREST SERVICE

No. 96-4212.

128 F.3d 578 (1997)

Andy MAHLER, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, James E. Denoncour, District Ranger, Tell City District, Hoosier National Forest, and Jack W. Thomas, Chief, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Mick G. Harrison (argued), Bloomington, IN, Richard E. Condit, Washington, DC, for Plaintiff-Appellant.

Sue Hendricks Bailey, Office of the United States Attorney, Indianapolis, IN, Albert M. Ferlo, Ethan G. Shenkman, Department of Justice, Land & Natural Resources Division, Lois J. Schiffer, Department of Justice, Environment Enforcement Section, Robin N. Michael (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, for United States Forest Service.

Sue Hendricks Bailey, Office of the United States Attorney, Indianapolis, IN, Lois J. Schiffer, Department of Justice, Environment Enforcement Section, Robin N. Michael (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, for James E. Denoncour.

Sue Hendricks Bailey, Office of the United States Attorney, Indianapolis, IN, for Jack W. Thomas.

Before COFFEY, EASTERBROOK and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Andy Mahler brought this action in the district court under the Rescissions Act of 1995 (Pub.L. No. 104-19) and the Administrative Procedure Act (5 U.S.C. §§ 701-06). He challenged the decision of the United States Forest Service and two of its officials to proceed with salvage timber sales under the provisions of the Emergency Salvage Timber Sale Program enacted in the Rescissions Act. Deciding the case on cross-motions for summary...

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