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ALLEGHENY DEFENSE PROJECT v. U.S. FOREST SERVICE

No. 04-2442.

423 F.3d 215 (2005)

THE ALLEGHENY DEFENSE PROJECT, INC.; Heartwood, Inc.; the Pennsylvania Environmental Network; the National Forest Protection Alliance; Communities for Sustainable Forestry; Jim Kleissler; Newkirk Johnson; Rachel Martin; Susan Curry; Ryan Talbott; Bill Belitskus; Arthur Clark; Alexander Denmarsh; John A. Keslick, Jr.; Sierra Club v. The UNITED STATES FOREST SERVICE; Robert T. Jacobs, in his official capacity as the Regional Forester for the Eastern Region; Kevin Elliot, in his official capacity as Supervisor of the Allegheny National Forest; Allegheny Forest Alliance; Ruffed Grouse Society; American Forest and Paper Association Intervenor-Defendants in D.C. Allegheny Defense Project, Inc., Heartwood, Inc., National Forest Protection Alliance, Pennsylvania Environmental Network, Communities for Sustainable Forestry, The Sierra Club, Jim Kleissler, Rachel Martin, Susan Curry, Ryan Talbott, Bill Belitskus, Arthur Clark, Alexander Denmarsh, John A. Keslick, Jr., Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed September 15, 2005.

Attorney(s) appearing for the Case

Thomas C. Buchele, (Argued), Pittsburgh, PA, for Appellants.

Thomas L. Sansonetti, Assistant Attorney General, Ellen J. Durkee, Mark R. Haag, (Argued), Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, D.C., Ronald Mulach (Of counsel), Office of the General Counsel, United States Department of Agriculture, Milwaukee, WI, for Appellees United States Forest Service, Robert T. Jacobs and Kevin Elliot.

Steven P. Quarles, J. Michael Klise, (Argued), Thomas R. Lundquist, Crowell & Moring LLP, Washington, D.C., for Appellees Allegheny Forest Service, Ruffed Grouse Society and American Forest and Paper Association.

Before MCKEE, VAN ANTWERPEN, and WEIS, Circuit Judges.

OPINION

MCKEE, Circuit Judge.

Appellants (collectively referred to as "ADP"), appeal the District Court's grant of summary judgment to defendant, the United States Forest Service, on Counts I and III of their complaint. ADP filed suit under the Administrative Procedure Act ("APA"), and the National Forest Management Act ("NFMA"), to challenge the Forest Services's decision to undertake a site-specific project (the "East Side Project")1...

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