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ECOLOGY CENTER, INC. v. U.S. FOREST SERVICE

No. 98-35123.

192 F.3d 922 (1999)

ECOLOGY CENTER, INC., Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture; Robert Schrenk, Forest Supervisor of the Kootenai National Forest; Hal Salwasser, Regional Forester for Region One, USFS, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1999.

Attorney(s) appearing for the Case

Jack R. Tuholske, Missoula, Montana, for the plaintiff-appellant.

David C. Shilton, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: GOODWIN, FLETCHER and TASHIMA, Circuit Judges.

GOODWIN, Circuit Judge:

The Ecology Center, Inc. ("Center"), appeals the dismissal of the Center's action seeking to compel the United States Forest Service ("Forest Service") to comply with its duty under the National Forest Management Act ("NFMA"), 16 U.S.C. §§ 1600-1614, to monitor the Kootenai National Forest ("KNF"). The court held that it lacked subject matter jurisdiction to review the action because the Forest Service's failure to perform certain...

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