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NATIVE ECOSYSTEMS COUNCIL v. U.S. FOREST SERVICE

No. 04-35375.

418 F.3d 953 (2005)

NATIVE ECOSYSTEMS COUNCIL; The Ecology Center, Inc., Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, AN AGENCY OF THE U.S. DEPARTMENT OF AGRICULTURE; Thomas Clifford, supervisor, Helena National Forest; Kathleen McAllister, Deputy Regional Forester for Region One U.S. Forest Service; Dale Bosworth, Chief of the United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed August 11, 2005.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the plaintiffs-appellants.

Todd S. Aagaard, Michael T. Gray, Department of Justice, Washington, DC, for the defendants-appellees.

Before B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.

GOULD, Circuit Judge.

Native Ecosystems Council and The Ecology Center (collectively referred to as "NEC") appeal the district court's grant of summary judgment to the United States Forest Service ("Forest Service") on NEC's claims in connection with the Forest Service's approval of the North Elkhorns Vegetation Treatment Project ("Elkhorn project" or "proposed project"). The Elkhorn project is a "wildlife improvement project involving a timber sale" within the Helena...

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