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CENTER FOR BIOLOGICAL DIVERSITY v. VENEMAN

No. 02-16201.

335 F.3d 849 (2003)

CENTER FOR BIOLOGICAL DIVERSITY, a nonprofit corporation; Central AZ Paddlers Club, Plaintiffs-Appellants, v. Ann M. VENEMAN, Secretary of the United States Department of Agriculture; Dale Bosworth, Chief of United States Forest Service; Eleanor Towns, Regional Forester, United States Forest Service, Region Three; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2003.

Attorney(s) appearing for the Case

Matthew K. Bishop, Western Environmental Law Center, Taos, NM, for the plaintiffs-appellants.

Anna T. Katselas, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellees.

Before: GOODWIN, TASHIMA, and WARDLAW, Circuit Judges.

OPINION

TASHIMA, Circuit Judge.

The Center for Biological Diversity and Central Arizona Paddlers Club (together the "Center") appeal from the dismissal of their action against the United States Forest Service (the "Forest Service" or "Service") for lack of subject matter jurisdiction. The Center brought suit for injunctive and declaratory relief under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., claiming that the Service...

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