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NEIGHBORS OF CUDDY MOUNTAIN v. U.S. FOREST SERVICE

No. 97-35654.

137 F.3d 1372 (1998)

NEIGHBORS OF CUDDY MOUNTAIN and Idaho Sporting Congress, Inc., Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendant-Appellee, and Boise Cascade Corporation, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1998.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Boise, Idaho, for plaintiffs-appellants.

D. Marc Haws, Boise, Idaho, for defendant-appellee.

William R. VanHole, Boise, Idaho, for intervenor-appellee.

Before: FLETCHER and O'SCANNLAIN, Circuit Judges and SCHWARZER, District Judge.

FLETCHER, Circuit Judge:

Plaintiffs seek to enjoin the sale of timber in the Cuddy Mountain area of Payette National Forest. They claim that the United States Forest Service (Forest Service), in determining whether such a sale could go forward, violated the National Forest Management Act (NFMA), 16 U.S.C. § 1600 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. They appeal the district court's grant of summary...

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