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EARTH ISLAND INST. v. U.S. FOREST SERVICE

No. 05-16776.

442 F.3d 1147 (2006)

EARTH ISLAND INSTITUTE, a California non-profit organization; Center for Biological Diversity, a nonprofit organization, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Dale Bosworth, Chief of the United States Forest Service; John Berry, Forest Supervisor for El Dorado National Forest, Defendants-Appellees, Sierra Pacific Industries, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2006.

Attorney(s) appearing for the Case

Rachel Marie Fazio, John Muir Project, Cedar Ridge, CA, for the appellants.

Ronald M. Spritzer and Jeffrey S. Dillen, United States Department of Justice, Washington, DC, for the appellees.

C. Athena Roussos, Jay Allen Eisen Law Corp., Sacramento, California; David E. Martinek, Dun & Martinek, Eureka, CA, for the intervenor-appellee.

Before NOONAN, TASHIMA, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiffs Earth Island Institute and the Center for Biological Diversity (collectively, "Earth Island") appeal the district court's denial of their motion for a preliminary injunction enjoining the implementation of two United States Forest Service ("USFS") post-fire restoration projects in the El Dorado National Forest. Sierra Pacific Industries ("SPI") has joined defendants USFS, Dale Bosworth, and John Berry as an intervenor...

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