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SIERRA CLUB v. PETERSON

No. 97-41274.

185 F.3d 349 (1999)

SIERRA CLUB; Wilderness Society; Texas Committee on Natural Resources, Plaintiffs-Appellees, v. R. Max PETERSON; et al., Defendants, Daniel Glickman, In his official capacity as the Secretary of the Department of Agriculture; Gloria Manning, In her official capacity as the Acting Regional Forester, U.S. Forest Service, Region 8; Michael Dombeck, In his official capacity as Chief, U.S. Forest Service; Ronald Raum, In his official capacity as the Forest Supervisor, National Forests and Grasslands in Texas, Defendants-Appellants, Texas Forestry Association; Southern Timber Purchasers Council, Intervenor-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 16, 1999.

Attorney(s) appearing for the Case

Mary Alice Van Kerrebrook, Wilson, Cribbs, Goren & Flaum, Houston, TX, for Sierra Club.

Ingrid Karin Hansen, Ashley Kingsland Wadick, Austin, TX, for Wilderness Society.

Edward C. Fritz, Dallas, TX, for Texas Committee on Natural Resources.

Robert L. Klarquist, U.S. Department of Justice, Environment & Natural Resources Division, Lisa Holden, U.S. Department of Justice, Environment & Natural Resources Division, General Litigation Section, Wells D. Burgess, U.S. Department of Justice, Land & Natural Resources Division, Stephanie Marie Parent, U.S. Department of Justice, Washington, DC, Ruth Harris Yeager, Tyler, TX, for Defendants-Appellants.

Joseph Michael Klise, Steven Princeton Quarles, Thomas Richard Lundquist, Crowell & Moring, Washington, DC, James R. Cornelius, John C. Fleming, Zeleskey, Cornelius, Hallmark, Roper & Hicks, Lufkin, TX, for Intervenor-Defendants-Appellants.

Before POLITZ, EMILIO M. GARZA and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This case is the latest iteration of a fourteen-year dispute between several environmental groups (the Sierra Club, the Wilderness Society, and the Texas Committee on Natural Resources ("TCONR"), collectively, "Appellees," or, "environmental protection organizations") and the U.S. Department of Agriculture, through the U.S. Forest Service ("Forest Service"). Also participating in this litigation since 1993 and for purposes of this appeal...

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