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HEARTWOOD, INC. v. U.S. FOREST SERVICE

No. 98-CV-4289-JPG.

73 F.Supp.2d 962 (1999)

HEARTWOOD, INC.; Jim Bensman; and Mark Donham, Plaintiffs, v. UNITED STATES FOREST SERVICE; and Michael Dombeck, Chief, United States Forest Service, Defendants.

United States District Court, S.D. Illinois.

September 28, 1999.

Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, Durango, CO, for Heartwood, Inc, Jim Bensman and Mark Donham.

William E. Coonan, Asst. U.S. Atty., Fairview Heights, IL, Albert C. Lin, U.S. Dept. of justice Environmental & Natural Resources Div., Washington, DC, for U.S. Forest Service, Defendant.

Albert C. Lin, U.S. Dept. of Justice Environmental & Natural Resources Div., Washington, DC, Vince DeWitte, U.S. Dept. of Agriculture Natural Resources Div., Washington, DC, Marcia MacNaughton, U.S. Dept. of Agriculture, Washington, DC, for Mike Dombeck, Defendant.

ORDER

GILBERT, Chief Judge.

Pending before the Court are the parties' cross-motions for summary judgment (docs. 20 & 21). Both parties responded (docs. 27 & 29) and replied (docs. 29 & 30).

This complaint is a three-count facial challenge to certain Categorical Exclusions ("CE's") promulgated by the Forest Service ("FS"), pursuant to the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq. At issue are...

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