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EARTH ISLAND INSTITUTE v. U.S. FOREST SERVICE

No. 02-16999.

351 F.3d 1291 (2003)

EARTH ISLAND INSTITUTE, Plaintiff-Appellant, Sierra Pacific Industries, Intervenor-Appellee, v. UNITED STATES FOREST SERVICE; Jack Blackwell, in his official capacity as Regional Forester for Region 5 of the United States Forest Service; John Berry, in his capacity as Forest Service Supervisor for the Eldorado National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2003.

Attorney(s) appearing for the Case

Rachel Marie Fazio; John Muir Project; Cedar Ridge, California, CA, for plaintiff-appellant Earth Island Institute.

David E. Martinek, David H. Dun, and Shelley C. Addison; Dun & Martinek; Eureka, California, CA, for intervenor-appellee Sierra Pacific Industries.

Edmund F. Brennan; Office of the United States Attorney; Sacramento, California, CA, for defendant-appellees United States Forest Service, Jack Blackwell, and John Berry.

Before: John T. NOONAN, Sidney R. THOMAS, and Richard R. CLIFTON, Circuit Judges.

Argued and Submitted February 11, 2003 — San Francisco, California.

Opinion by Judge Thomas; Concurrence by Judge Noonan; Dissent by Judge Clifton.

OPINION

THOMAS, Circuit Judge:

Earth Island Institute and the Center for Biological Diversity appeal the district court denial of their request for a preliminary injunction against implementation of a United States Forest Service restoration...

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