SOUTHWEST CENTER FOR BIOLOG. DIVERSITY v. U.S. FOREST SERV.

Nos. 01-16092, 01-16277.

307 F.3d 964 (2002)

SOUTHWEST CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation; Forest Guardians, Plaintiffs-Appellants, and Southwest Trout, a non-profit corporation; Sky-Island Watch, an unincorporated association, Plaintiffs, Arizona Cattle Growers' Association, an Arizona non-profit corporation; Coalition of Arizona and New Mexico Counties for Stable Economic, a non-profit organization; Catron County, New Mexico; James K. Chilton; Susan E. Chilton, Intervenors, v. UNITED STATES FOREST SERVICE; John Bedell, Apache-Sitgreaves National Forest Supervisor; Fred Trevey, Coconino National Forest Supervisor; John McGee, Colorado National Forest Supervisor; Abel Camarena, Gila National Forest Supervisor; Mike King, Prescott National Forest Supervisor; Charles Bazan, Tonto National Forest Supervisor, Defendants-Appellees, v. Abe Martinez; Lydia Martinez; Daniel Glickman; Michael Dombeck; Eleanor Towns; Bruce Babbit; Jamie Rappaport Clark; Nancy Kaufman, Cross-Defendants-Appellees. Southwest Center for Biological Diversity, a non-profit corporation; Southwest Trout, a non-profit corporation; Sky-Island Watch, an unincorporated association, Plaintiffs-Appellees, Arizona Cattle Growers' Association, an Arizona non-profit association, Intervenor-Appellant, and Coalition of Arizona and New Mexico Counties for Stable Economic, a non-profit organization; Catron County, New Mexico; James K. Chilton; Susan Chilton, Intervenors, v. United States Forest Service, and in their official capacities: John Bedell, Apache-Sitgreaves National Forest Supervisor; Fred Trevey, Coconino National Forest Supervisor; John McGee, Coronado National Forest Supervisor; Abel Camarena, Gila National Forest Supervisor; Mike King, Prescott National Forest Supervisor; Charles Bazan, Tonto National Forest Supervisor, Defendants-Appellees, v. New Mexico Cattle Growers Association, Cross-Claimant-Appellee, v. Abe Martinez; Lydia Martinez; Daniel Glickman; Micheal Dombeck; Eleanor Towns; Bruce Babbit; Jamie Rappaport Clark; Nancy Kaufman, Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2002.


Attorney(s) appearing for the Case

Susan D. Daggett of Earthjustice Legal Defense Fund, Denver, CO, for the plaintiffs-appellants-appellees.

Sandra Slack Glover of the Department of Justice, Washington, DC, for the defendants-appellees.

Norman D. James of Phoenix, AZ, for the defendants-intervenors-appellees-appellants.

Karen Budd-Falen, Marc Stimpert, Budd-Falen Law Offices, Cheyenne, WY, for Coalition of Arizona, New Mexico Counties for Stable Economic, Catron County, New Mexico and New Mexico Cattle Growers Ass'n.

Before CANBY, and RYMER, Circuit Judges, and BERTELSMAN, Senior District Judge.


OPINION

BERTELSMAN, District Judge.

This case involves a dispute over the impact of livestock grazing on the habitat of the loach minnow, a threatened species of fish, in certain allotments of land in the southwest region of the United States. Plaintiffs/appellants Forest Guardians and the Center for Biological Diversity1 (together "appellants"), are non-profit corporations actively involved in species protection issues throughout...

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