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COALITION SUSTAIN. RES. v. U.S. FOREST SER.

No. 99-8060.

259 F.3d 1244 (2001)

Coalition for Sustainable Resources, Inc., a Colorado non-profit corporation, Plaintiff-Appellant, v. UNITED STATES Forest Service, Department of Agriculture; Ann M. Veneman, Secretary of the U.S. Department of Agriculture; Undersecretary of Agriculture for Natural Resources, United States Department of Agriculture; Dale Bosworth, United States Forest Service Chief Forester; Rick Cables, United States Forest Service Regional Forester, Rocky Mountain Region; Mary H. Peterson, Supervisor, Medicine Bow National Forest, United States Forest Service, all in their official capacities, Defendants-Appellees, Biodiversity Associates and Donald J. Duerr, Defendants-Intervenors-Appellees, National Wildlife Federation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 7, 2001.

Attorney(s) appearing for the Case

S. Amanda Koehler, (William Perry Pendley, with her on the briefs), of Mountain States Legal Foundation, Denver, Colorado, for Plaintiff-Appellant.

Sylvia F. Liu, Attorney, U.S. Department of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Washington, D.C.; David D. Freudenthal, United States Attorney, Cheyenne, Wyoming; Carol A. Stakus, Assistant U.S. Attorney, Cheyenne, Wyoming; Andrew C. Mergen, Edward A. Boling, and Jane P. Davenport, Attorneys, U.S. Department of Justice, Washington, D.C.; Kenneth Capps, Of Counsel, U.S. Department of Agriculture, Denver, Colorado; and Kathryn Toffenetti, Of Counsel, Office of General Counsel, U.S. Department of Agriculture, Washington, D.C., with her on the brief), for Defendants-Appellees.2

Carolyn L. McIntosh, (Michael R. Hope on the brief), of Patton Boggs, LLP, Denver, Colorado, for Defendants-Intervenors-Appellees.

James B. Dougherty, Washington, D.C., filed a brief, for Amicus Curiae.

Before , Chief Judge, and , Circuit Judges.

EBEL, Circuit Judge.

The Coalition for Sustainable Resources ("Coalition") challenges the United States Forest Service's failure to implement particular forest-management practices in the Medicine Bow National Forest in Wyoming, including increased timber harvesting. The Coalition alleges that these practices would increase the amount of water in the Platte River in Nebraska and thereby promote the recovery of several endangered and threatened species...

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