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WILDWEST INSTITUTE v. BULL

No. 06-35662.

472 F.3d 587 (2006)

WILDWEST INSTITUTE; Friends of the Bitterroot, Inc., Plaintiffs-Appellants, v. Dave BULL; Abigail Kimbell; United States Forest Service, Defendants-Appellees, Bitter Root Resource Conservation and Development Area, Inc.; Ravalli County; Sula Volunteer Fire Department; Robert Wetztseon; Becki Linderman; Rocky Mountain Log Homes, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2006.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Missoula, MT, argued the cause for the plaintiff-appellants and filed a brief.

Lori L. Caramanian, U.S. Department of Justice, Environmental & Natural Resources Division, Denver, CO, argued the cause for the defendant-appellees. Sue Ellen Wooldridge, Assistant Attorney General, Lisa Jones, Christine Everett and Alan Campbell were on the brief.

Julie A. Weis, Haglund Kelley Horngren Jones & Wilder, Portland, Oregon, argued the cause for the defendant-intervenor-appellees. Scott W. Horngren and George H. Corn, Ravalli County Attorney, were on the brief.

Before: GOODWIN, O'SCANNLAIN, and FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this interlocutory appeal, we must decide whether the district court abused its discretion in denying a preliminary injunction against the United States Forest Service's implementation of the Middle East Fork Hazardous Fuel Reduction Project in the Bitterroot National Forest in Montana.

I

The Middle East Fork Hazardous Fuel Reduction Project ("MEF Project") was developed under the authority of the Healthy Forests Restoration...

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