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COLORADO WILD v. U.S. FOREST SERVICE

No. 05-1265.

435 F.3d 1204 (2006)

COLORADO WILD; HEARTWOOD, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee, and Intermountain Forest Association, an Idaho corporation, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

January 18, 2006.

Attorney(s) appearing for the Case

Matthew G. Kenna, Western Environmental Law Center, Durango, CO, for Plaintiffs-Appellants.

Barclay T. Samford (and Kelly A. Johnson, Acting Assistant Attorney General, on the brief), United States Department of Justice, Environment & Natural Resources Division, Denver, CO, for Defendant-Appellee.

Scott W. Horngren, Haglund, Kelley, Horngren, Jones and Wilder, L.L.P., Portland, OR, for Defendant-Intervenor-Appellee.

Before KELLY, PORFILIO, and TYMKOVICH, Circuit Judges.

KELLY, Circuit Judge.

Plaintiff-Appellants Colorado Wild, Inc. and Heartwood, Inc. (collectively, the "Conservation Groups") appeal from a final judgment in favor of Defendant-Appellee, United States Forest Service ("Forest Service") and Intervenor-Defendant-Appellee Intermountain Forest Association ("Intermountain"). The Conservation Groups challenge, pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-06, a categorical exclusion promulgated...

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