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FOREST WATCH v. U.S. FOREST SERVICE

Docket No. 04-2839-CV.

410 F.3d 115 (2005)

FOREST WATCH, Forest Conservation Council, Friends of the Earth, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2005.

Attorney(s) appearing for the Case

Ronald A. Shems, Shems Dunkiel Kassel & Saunders, Burlington, VT (Geoffrey H. Hand, Shems Dunkiel Kassel & Saunders, Burlington, VT) for Plaintiffs-Appellants.

Joseph R. Perella, Assistant United States Attorney, Burlington, VT (David V. Kirby, Acting United States Attorney, District of Vermont, Carol L. Shea, Chief, Civil Division, District of Vermont, Burlington, VT; Thomas L. Sansonetti, Assistant Attorney General, Todd Aagaard, Andrew Mergen, Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, DC, on the brief; Ronald Mulach, Office of the General Counsel, United States Department of Agriculture, Milwaukee, WI, of counsel) for Defendant-Appellee.

Richard E. Schwartz, Thomas R. Lundquist, J. Michael Klise, Crowell & Moring LLP, Washington, DC; William R. Murray, American Forest & Paper Association, Washington, DC, on submission, for Amicus Curiae American Forest & Paper Association.

Before: KEARSE, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge.

In August 2002, the United States Forest Service (the "Forest Service") approved a logging project in an area of Vermont's Green Mountain National Forest ("GMNF") commonly known as Old Joe (the "Old Joe Project"). The work of the Forest Service has been governed by successive regulations promulgated in 1982, 2000 and 2005 (respectively, the "1982 Rules," "2000 Rules," and "2005 Rules"), and by a transitional provision contained within the 2000...

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