BLUE MOUNTAINS BIODIVERSITY v. U.S. FOREST SERVICE

No. CIV.01-703-HA.

229 F.Supp.2d 1140 (2002)

BLUE MOUNTAINS BIODIVERSITY PROJECT, a Project of League of Wilderness Defenders, a non-profit corporation; Plaintiff, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Dale Bosworth, in his official capacity as Chief of the Forest Service; Harv Forsgren, in his official capacity as Regional Forester for Region 6 of the United States Forest Service; Bonnie J. Wood, in her official capacity as Forest Supervisor for Malheur National Forest; Defendants.

United States District Court, D. Oregon.

September 6, 2002.


Attorney(s) appearing for the Case

Gary K. Kahn, Reeves, Kahn & Eder, Portland, OR, Jamie B. Jefferson, Wild Earth Advocates, Berkeley, CA, Julia A. Olson, Wild Earth Advocates, Oakland, CA, for Plaintiff.

Jason Cohen, Wildlife & Marine Resources Section, United States Department of Justice, Sarah D. Himmelhoch, United States Department of Justice, Environment and Natural Resources Div., General Litigation Section, Washington, DC, Michael Mosman, United States Attorney, Thomas C. Lee, Assistant United States Attorney, Portland, OR, for Defendants.


OPINION AND ORDER

HAGGERTY, District Judge.

Plaintiff and defendants have moved for summary judgment. Oral argument on these motions was heard on July 1, 2002. For the following reasons, plaintiff's motion for summary judgment is granted, and defendants' motion for summary judgment is denied.

BACKGROUND

Plaintiff challenges a Decision Notice and Finding of No Significant Impact ("DN/FONSI") the Forest Service issued on June 26, 2000, implementing...

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