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NATIVE ECOSYSTEMS COUNCIL v. U.S. FOREST SERVICE

No. 04-35274.

428 F.3d 1233 (2005)

NATIVE ECOSYSTEMS COUNCIL, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; Dwight Chambers, acting supervisor, Helena National Forest; Kathleen McAllister, Acting Regional Forester for Region One U.S. Forest Service; Dale Bosworth, Chief of United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2005.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the plaintiff-appellant.

Elizabeth Ann Peterson, Attorney, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

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

OPINION

McKEOWN, Circuit Judge.

Native Ecosystems Council ("Native Ecosystems") appeals the district court's grant of summary judgment to the United States Forest Service ("Forest Service") in connection with the Forest Service's approval of the Jimtown Vegetation Project ("Jimtown Project") in the Helena National Forest. To lower the potential for a catastrophic fire, the Jimtown Project involves thinning, prescribed burning, and weed management on approximately...

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