EARTH ISLAND INSTITUTE v. RUTHENBECK

Nos. 05-16975, 05-17078.

459 F.3d 954 (2006)

EARTH ISLAND INSTITUTE; Sequoia Forestkeeper, a California non-profit corporation; Heartwood, an Indiana non-profit corporation; Center for Biological Diversity, a New Mexico non-profit corporation; Sierra Club, Plaintiffs-Appellees, v. Nancy RUTHENBECK; United States Forest Service; Ann M. Veneman; Dale Bosworth, Defendants-Appellants. Earth Island Institute; Sequoia Forestkeeper, a California non-profit corporation; Heartwood, an Indiana nonprofit corporation; Center for Biological Diversity, a New Mexico non-profit corporation; Sierra Club, Plaintiffs-Appellants, v. Nancy Ruthenbeck; United States Forest Service; Ann M. Veneman; Dale Bosworth, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2006.


Attorney(s) appearing for the Case

Katherine W. Hazard and Jennifer L. Scheller, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C., for the defendants-appellants.

Matt Kenna, Western Environmental Law Center, Durango, CO, for the plaintiffs-appellees.

Thomas R. Lundquist, Crowell & Moring, LLP, Washington, D.C., for Amicus Curiae.

Before MARY M. SCHROEDER, Chief Judge, SUSAN P. GRABER, Circuit Judge, and KEVIN THOMAS DUFFY, Senior Judge.


OPINION

SCHROEDER, Chief Judge.

I. Overview

This is a government appeal from a district court judgment enjoining Forest Service regulations that govern review of decisions implementing forest plans, on the ground that the regulations were manifestly contrary to the governing statute. The Forest Service promulgated the challenged regulations pursuant to the Forest Service Decisionmaking and Appeals Reform...

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