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SIERRA CLUB v. PETERSON

No. 97-41274.

228 F.3d 559 (2000)

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; Elizabeth Estill, In her official capacity as the 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.

September 20, 2000.

Attorney(s) appearing for the Case

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

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

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

David C. Shilton (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Ruth Harris Yeager, Tyler, TX, Lisa Holden, General Litigation Section, Elizabeth Ann Peterson, Wells D. Burgess, Land & Natural Resources Div., Stephanie Marie Parent, U.S. Dept. of Justice, Washington, DC, Robert L. Klarquist, U.S. Dept. of Justice, Environment & Natural Resource Div., Arlington, VA, for Defendants-Appellants.

Joseph Michael Klise (argued), Thomas Richard Lundquist, Steven Princeton Quarles, Crowell & Moring, Washington, DC, James R. Cornelius, John C. Fleming, Zeleskey, Cornelius, Hallmark, Roper & Hicks, Lufkin, TX, for Texas Forestry Ass'n and Southern Timber Purchasers Council.

Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The single issue before us is whether the plaintiffs in this case—the Sierra Club, the Texas Committee on Natural Resources ("TCONR"), and the Wilderness Society (collectively, the "environmental groups")—limited their challenge to identifiable final agency actions of the United States Forest Service. See 5 U.S.C. § 704. Because we conclude that they did not, and that the district court therefore exceeded its...

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