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PACIFIC COAST FEDERATION v. NATIONAL MARINE

Nos. 99-36027, 99-36195.

253 F.3d 1137 (2001)

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, INC.; Institute for Fisheries Resources; Oregon Natural Resources Council; Umpqua Watersheds; Coast Range Association; Headwaters, Plaintiffs-Appellees, v. NATIONAL MARINE FISHERIES SERVICE, Defendant, and Douglas Timber Operators; Northwest Forestry Association, Defendants-Intervenors-Appellants. Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources; Oregon Natural Resources Council; Umpqua Watersheds; Coast Range Association; Headwaters, Plaintiffs-Appellees, v. National Marine Fisheries Service, Defendant-Appellant, and Douglas Timber Operators; Northwest Forestry Association, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 15, 2000.

Resubmitted May 8, 2001.

Filed May 31, 2001.

Attorney(s) appearing for the Case

Katherine Barton, Department of Justice, Washington, D.C., for the defendant-appellant.

Mark Rutzick, Portland, Oregon, for the defendants-intervenors-appellants.

Patti Goldman, Earthjustice Legal Defense Fund, Seattle, Washington, for the plaintiffs-appellees.

Before: ALFRED T. GOODWIN, PROCTER HUG, JR., and MELVIN BRUNETTI, Circuit Judges.

Argued and Submitted June 8, 2000 — Seattle, Washington

GOODWIN, Circuit Judge:

Six environmental organizations sued the National Marine Fisheries Service ("NMFS") for declaratory and injunctive relief to challenge four biological opinions which had the effect of clearing the way for 23 proposed timber sales in the Umpqua River watershed in southwestern Oregon. The district court granted substantial relief...

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