WILDERNESS SOC. v. REY

Nos. CV-01-219-M-DWM, CV-01-220-M-DWM.

180 F.Supp.2d 1141 (2002)

The WILDERNESS SOCIETY and American Wildlands, Plaintiffs, v. Mark REY, Undersecretary of Agriculture; Rodd Richardson, Forest Supervisor of the Bitterroot National Forest; and United States Forest Service, Defendants. Friends of The Bitterroot; The Ecology Center, Inc.; Center for Biological Diversity; and The Sierra Club, Plaintiffs, v. Mark Rey, in his official capacity as Undersecretary of Agriculture; Rodd Richardson, in his official capacity as Forest Supervisor for the Bitterroot National Forest; United States Forest Service, an agency of the U.S. Department of Agriculture; United States Department of Agriculture, Defendants.

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

January 7, 2002.


Attorney(s) appearing for the Case

Douglas L. Honnold, Timothy J. Preso, EarthJustice Legal Defense Fund, Bozeman, MT, for Plaintiffs in No. CV 01-219-M-DWM.

Wells D. Burgess, U.S. Department of Justice, Environment & Natural Resources Division, Richard L. Rennert, John P. Almeida, U.S. Department of Justice, E.N.R.D. General Litigation, Washington, DC, Bill Mercer, U.S. Attorney, Billings, MT, for Defendants in No. CV 01-219-M-DWM.

Mark D. Fink, Western Environmental Law Center, Eugene, OR, Elizabeth Mitchell, Ronni Flannery, Western Environmental Law Center, Ketchum ID, for Plaintiffs in No. CV 01-220-M-DWM.

Wells D. Burgess, U.S. Department of Justice, Environment & Natural Resources Division, Richard L. Rennert, John P. Almeida, U.S. Department of Justice, E.N.R.D. General Litigation, Washington, DC, Bill Mercer, U.S. Attorney, Billings, MT, for Defendants in No. CV 01-220-M-DWM.


ORDER

MOLLOY, Chief Judge.

I. Introduction

Wildfires of both human and natural origin burned significant areas of the Bitterroot National Forest in the summer of 2000. The Forest Service subsequently developed a salvage project for the burned areas and released a draft Environmental Impact Statement for the project in May of 2001. The Forest Service accepted public comment on the DEIS until July...

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