SELKIRK CONSERVATION ALLIANCE v. FORSGREN

No. 02-35635.

336 F.3d 944 (2003)

SELKIRK CONSERVATION ALLIANCE, a non-profit public interest group; Sierra Club, a non-profit public interest group; Kettle Range Conservation Group, a non-profit public interest group; Idaho Conservation League, a non-profit public interest group; Pend Oreille Environmental Team, a non-profit public interest group, Plaintiffs-Appellants, v. Harv FORSGREN, in his official capacity as Regional Forester of the Pacific Northwest Region; Dale Bosworth, in his official capacity as Chief of the U.S. Forest Service; Susan Martin, in her official capacity as Supervisor of the Upper Columbia Office of U.S. Fish & Wildlife Service; Steve Williams, in his official capacity as Director of the U.S. Fish & Wildlife Service, Defendants-Appellees, Stimson Lumber Company, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2003.


Attorney(s) appearing for the Case

Douglas L. Honnold and Timothy J. Preso, Earthjustice Legal Defense Fund, Bozeman, MT, for plaintiffs-appellants Selkirk Conservation Alliance, et al.

Stephanie Tai, United States Department of Justice, Washington, D.C., for the federal defendants-appellees.

Scott W. Horngren, Haglund Kirtley Kelley Horngren & Jones LLP, Portland, OR, for defendant-appellee Stimson Lumber Company.

Before: BROWNING, FISHER, and TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge.

The issue in this case is whether federal agencies adequately followed our environmental laws both procedurally and substantively in approving a road-building project for Stimson Lumber Company ("Stimson"). Stimson sought an easement in order to access its land surrounded by the Colville National Forest. This forest is home to several threatened or endangered species. Once Stimson has access to its land, it will manage it for perpetual logging...

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