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UTAH ENVIRONMENTAL CONGRESS v. BOSWORTH

No. 03-4080.

372 F.3d 1219 (2004)

UTAH ENVIRONMENTAL CONGRESS, Plaintiff-Appellant, v. Dale BOSWORTH, as Chief of the Forest Service; United States Forest Service; Mary Erickson, Supervisor of the Fishlake National Forest, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 2004.

Attorney(s) appearing for the Case

Ray Vaughan (Adelaide Maudsley, LeBoeuf, Lamb, Greene & McRae, LLP with him on the briefs), WildLaw, Montgomery, AL, for the Plaintiff-Appellant.

Mark R. Haag (Elise Foster, United States Department of Agriculture; Thomas L. Sansonetti, Assistant Attorney General; David C. Shilton and Myesha K. Braden, United States Department of Justice, Environment and Natural Resources Division, with him on the brief), United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for the Defendant-Appellee.

Before BRISCOE, BALDOCK, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

At issue is the extent of the United States Forest Service's obligations under its regulations to monitor management indicator species before approving forest management activities. Finding the Forest Service's monitoring efforts sufficient, the district court affirmed the Record of Decision authorizing the Monroe Mountain Ecosystem Restoration Project. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we REVERSE and

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