BIODIVERSITY ASSOCIATES v. CABLES

No. 03-1002.

357 F.3d 1152 (2004)

BIODIVERSITY ASSOCIATES and Brian Brademeyer, Plaintiffs-Appellants, Sierra Club and The Wilderness Society, Plaintiffs, v. Rick D. CABLES, in his official capacity as Regional Forester of the Rocky Mountain Region of the U.S. Forest Service; Dale N. Bosworth, in his official capacity as Chief of the U.S. Forest Service; John C. Twiss, in his official capacity as Supervisor of the Black Hills National Forest; U.S. Forest Service, Defendants-Appellees, Larry Gabriel, in his official capacity as Secretary of the South Dakota Department of Agriculture; Black Hills Regional Multiple Use Coalition; Black Hills Forest Resource Association; Meade County, Lawrence County, and Pennington County, all political subdivisions the State of South Dakota, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.


Attorney(s) appearing for the Case

Ray Vaughn of WildLaw, Montgomery, AL, (Steve Novak of WildLaw, Asheville, NC, with him on the briefs), for Plaintiffs-Appellants.

Kevin Traskos, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, CO, for Defendants-Appellees.

Diane Best, Assistant Attorney General (Lawrence E. Long, Attorney General; Charles D. McGuigan, Assistant Attorney General, with her on the brief), State of South Dakota, Pierre, SD, for Defendants-Intervenors-Appellees.

Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.


McCONNELL, Circuit Judge.

For many years, Congress has been unable to come to agreement on nationwide legislation to address the dangers of insect infestation and fire in the national forests. In 2002, however, in a rider to a supplemental appropriations act for the war on terrorism, Congress passed legislation applicable to selected sections of the Black Hills National Forest in South Dakota and nowhere else, permitting logging and other clearance measures as a means...

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