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SIERRA CLUB-BLACK HILLS v. U.S. FOREST SERV.

No. 99-1445.

259 F.3d 1281 (2001)

Sierra Club-Black Hills Group; American Wildlands, Inc.; and Friends of the Bow, also known as Biodiversity Associates, Plaintiffs-Appellants, v. UNITED STATES Forest Service, an administrative agency within the U.S. Department of Agriculture, and Tom L. Thompson, Deputy Regional Forester and Regional Reviewing Officer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 8, 2001.

Attorney(s) appearing for the Case

Jack R. Tuholske, Missoula, Montana, for Plaintiffs-Appellants.

Tamara N. Rountree, Attorney, Department of Justice, Environment and Natural Resources Division, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Stephen D. Taylor, Assistant U.S. Attorney, Denver, Colorado; David C. Shilton and Steven K. Linscheid, Attorneys, Department of Justice, Environment and Natural Resources Division, Washington, DC; Kenneth Capps, U.S. Department of Agriculture, of Counsel, Denver, Colorado, on the brief), for Defendants-Appellees.

Before , , and , Circuit Judges.

McKAY, Circuit Judge.

Multiple environmental groups challenged management plans approved by the U.S. Forest Service authorizing two commercial timber sales in the Norbeck Wildlife Preserve in the Black Hills of South Dakota. After exhausting their administrative remedies, the plaintiffs brought suit in federal district court alleging that the Forest Service failed to comply with both administrative law and the National Environmental Policy Act [NEPA]...

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