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THE ECOLOGY CENTER v. CASTANEDA

No. 04-35936.

426 F.3d 1144 (2005)

THE ECOLOGY CENTER; The Lands Council, Plaintiffs-Appellants, v. Bob CASTANEDA, in his official capacity as Forest Supervisor for the Kootenai National Forest; Bradley E. Powell, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees, Owens & Hurst Lumber COmpany, Inc.; E.M. Logging, Inc.; County of Lincoln; Eureka Area Chamber of Commerce; Town of Eureka; County of Sanders; Montana Coalition of Forest Counties, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2005.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Missoula, MT, for the plaintiffs-appellants.

Mark R. Haag, United States Department of Justice, Washington, DC, for the defendants-appellees.

Julie A. Weis, Haglund, Kelley, Horngren, Jones & Wilder LLP, Portland, OR, for the defendants-intervenors-appellees.

Before: SCHROEDER, Chief Judge, ALARCÓN and KLEINFELD, Circuit Judges.

ALARCÓN, Circuit Judge.

Plaintiffs/appellants The Ecology Center, Inc. and The Lands Council (collectively, "Ecology Center") appeal from the order denying their motion for summary judgment on their National Environmental Policy Act ("NEPA") and National Forest Management Act ("NFMA") claims. Ecology Center also seeks reversal of the order granting appellees/defendants' motion to dismiss, and their Rule 60(b)(5) motion to dissolve the injunction the district...

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