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FRIENDS OF CLEARWATER v. McALLISTER

No. CV-02-106-M-DWM.

214 F.Supp.2d 1083 (2002)

FRIENDS OF THE CLEARWATER; The Ecology Center, Inc.; The Alliance for the Wild Rockies; and Idaho Sporting Congress, Plaintiffs, v. Kathleen McALLISTER, in her official capacity as Deputy Regional Forester for Region One of the Forest Service; Bruce Bernhardt, in his official capacity as Supervisor of the Nez Perce National Forest; and United States Forest Service, an agency of the United States Department of Agriculture, Defendants.

United States District Court, D. Montana, Missoula Division.

August 23, 2002.

Attorney(s) appearing for the Case

Elizabeth Mitchell, Western Environmental Law Center, ID, Ronni Flannery, Attorney at Law, Missoula, MT, for Plaintiffs.

Victoria L. Francis, Mark Steger Smith, Office of the U.S. Attorney Billings, MT, for Defendants.

ORDER

MOLLOY, Chief Judge.

I. Introduction

A fire in August of 2000 burned about 16,000 acres in the White Bird Creek drainage on the Nez Perce National Forest in Idaho. The Forest Service released an Environmental Assessment on the Burnt Fork salvage project in August 2001. The EA included three alternatives: a no action alternative, one action alternative calling for logging about 3 mmbf and another action alternative calling for logging about...

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