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EARTH ISLAND INSTITUTE v. PENGILLY

No. CIV F-03-6386 JKS.

376 F.Supp.2d 994 (2005)

EARTH ISLAND INSTITUTE, a California non-profit corporation; Sequoia Forestkeeper, a California non-profit corporation; Heartwood, an Indiana non-profit corporation; Center for Biological Diversity, a New Mexico non-profit corporation, and Sierra Club, a California non-profit corporation, Plaintiffs, v. Del PENGILLY, in his capacity as District Ranger, Hot Springs Ranger District, Sequoia National Forest; United States Forest Service, an agency of the U.S. Department of Agriculture; Ann Veneman, in her official capacity as Secretary of Agriculture; Dale Bosworth, in his official capacity as Chief of the U.S. Forest Service, Defendants.

United States District Court, E.D. California.

July 2, 2005.

Attorney(s) appearing for the Case

Rachel Marie Fazio, Rachel M. Fazio Attorney at Law John Muir Project, Cedar Ridge, CA, Matt Kenna, Matt Kenna Kenna & Hickcox, Durango, CO, Danielle Fugere, Public Interest Lawyers Group, San Francisco, CA, Aaron Stephen Isherwood, Sierra Club, San Francisco, CA, for Plaintiffs.

Barclay Thomas Samford, U.S. Department of Justice, Environmental and Natural Resources Division, Denver, CO, Edmund F. Brennan, U.S. Attorney's Office, Sacramento, CA, Thomas L. Sansonetti, Wells D. Burgess, John P. Almeida, U.S. Department of Justice, Environmental and Natural Resources, Washington, DC, for Defendants.

ORDER

SINGLETON, Senior District Judge.

Plaintiffs Earth Island Institute, et al., present a facial challenge to the 2003 regulations promulgated by the United States Forest Service implementing the Forest Service Decision Making and Appeals Reform Act ("ARA"), Pub. L. No. 102-381, Tit. III § 332(a), 106 Stat. 1419 (1992), codified at 16 U.S.C. § 1612 note.1 Plaintiffs

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