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UTAH ENVIRONMENTAL CONGRESS v. BOSWORTH

No. 03-4251.

439 F.3d 1184 (2006)

UTAH ENVIRONMENTAL CONGRESS, Plaintiff-Appellant, v. Dale BOSWORTH, as Chief of the Forest Service; United States Forest Service; Mary Erickson, as Supervisor of the Fishlake National Forest; Marvin Turner, Loa District Ranger, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 2006.

Attorney(s) appearing for the Case

Stephen H. Novack, (Ray Vaughan, Wildlaw, Montgomery, Alabama, with him on the briefs), Wildlaw Southern Appalachian Office, Asheville, NC, for Plaintiff-Appellant.

Mark K. Haag (Thomas Sansonetti, Assistant Attorney General; and David C. Shilton and Myesha K. Braden, Environment & Natural Resources Division, Department of Justice, Washington, D.C., with him on the brief), Environment & Natural Resources Division, Department of Justice, Washington, D.C., for Defendants-Appellees.

Before EBEL and HENRY, Circuit Judges, and WHITE, District Judge.

ORDER ON PETITION FOR REHEARING

HENRY, Circuit Judge.

This matter is before the court on Appellees' petition for rehearing. The panel has voted to grant a limited rehearing to modify some of the language in our panel opinion. The court's opinion filed on August 19, 2005 is withdrawn, and an amended opinion is attached to this order.

OPINION

In October 2001, the Forest Service approved a timber-harvesting project in Utah's Fishlake National...

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