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CENTER FOR BIOLOGICAL DIVERSITY v. VENEMAN

No. 02-16201.

394 F.3d 1108 (2005)

CENTER FOR BIOLOGICAL DIVERSITY, a nonprofit corporation; Central AZ Paddlers Club, Plaintiffs-Appellants, v. Ann M. VENEMAN, Secretary of the United States Department of Agriculture; Dale Bosworth, Chief of United States Forest Service; Eleanor Towns, Regional Forester, United States Forest Service, Region Three; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2003.

Opinion Withdrawn and Amended Opinion Filed January 7, 2005.

Attorney(s) appearing for the Case

Matthew K. Bishop, Western Environmental Law Center, Taos, NM, for the plaintiffs-appellants.

Anna T. Katselas, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before GOODWIN, TASHIMA, and WARDLAW, Circuit Judges.

TASHIMA, Circuit Judge.

In our previous opinion, we held that the district court had jurisdiction to review the claims of the Center for Biological Diversity and Central Arizona Paddlers Club (together the "Center") under § 706(1) of the Administrative Procedure Act ("APA"), 5 U.S.C. § 706(1), because (1) under the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1276(d)(1), the United States Forest Service ("Forest Service") had a mandatory duty to...

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