No. 00-1222.

265 F.3d 1038 (2001)

David S. LAMB; Brian Brademeyer; Biodiversity Associates; Sierra Club, Plaintiffs-Appellants, v. Tom L. THOMPSON, in his official capacity as Deputy Regional Forester for the Rocky Mountain Region of the U.S. Forest Service; Frank J. Cross, in his official capacity as District Ranger for the Pactola/Harney Ranger District; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 21, 2001.

Attorney(s) appearing for the Case

Julie A. Teel (Robert B. Wiygul, Earthjustice Legal Defense Fund, Denver, Colorado, on the briefs), Denver, CO, for the Plaintiffs-Appellants.

M. Alice Thurston, Attorney, (Lois J. Schiffer, Assistant Attorney General, Wells Burgess and Jeffrey Dobbins, Attorneys, with her on the brief), Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, for the Defendants-Appellees.

Before TACHA, Chief Judge, REAVLEY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This suit involves appellants', Biodiversity Associates', challenge to the Forest Service's approval of the Hollow Timber Sale in the Black Hills National Forest. Appellants claim that in approving the challenged timber sale the Service acted in violation of the Black Hills National Forest Plan and in violation of the National Forest Management Act. The district court denied plaintiffs' motion for summary judgment, granted judgment in favor...

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