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ALASKA CTR. FOR ENV'T v. U.S. FOREST SERVICE

No. 97-36128

189 F.3d 851 (1999)

ALASKA CENTER FOR THE ENVIRONMENT; Alaska Wildlife Alliance, Plaintiffs-Appellants, v. U.S. FOREST SERVICE; John C. Dorio, District Ranger, Chugach National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 1999.

Attorney(s) appearing for the Case

Patrick Lavin and Valerie Brown, Trustees for Alaska, Anchorage, Alaska, for the appellants.

Ethan G. Shenkman, Attorney, Department of Justice, Washington, D.C., for the appellees.

Before: PROCTER HUG, JR., Chief Judge, STEPHEN S. TROTT and A. WALLACE TASHIMA, Circuit Judges.

HUG, Chief Judge:

At issue in this appeal is whether the U.S. Forest Service complied with the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370, when it classified one-year commercial helicopter activities as "categorical exclusions" and issued a special use permit without conducting an Environmental Assessment (EA) or Environmental Impact Statement (EIS). However, before reaching this question we must first decide whether this case is rendered...

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