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FOREST GUARDIANS v. JOHANNS

No. 04-16179.

450 F.3d 455 (2006)

FOREST GUARDIANS, Plaintiff-Appellant, v. Mike JOHANNS, Secretary of Agriculture; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2006.

Attorney(s) appearing for the Case

Robert B. Wiygul, Waltzer & Associates, Biloxi, MS, for the plaintiff-appellant.

Thomas L. Sansonetti, Assistant Attorney General, Lisa Russell, M. Alice Thurston and David C. Shilton, United States Department of Justice, Washington, DC; and Mary Ann Joca, United States Department of Agriculture, Albuquerque, NM, for the defendants-appellees.

Before: REINHARDT, PAEZ, and TALLMAN, Circuit Judges.

REINHARDT, Circuit Judge:

Forest Guardians appeals the district court's determination that the United States Forest Service did not violate the Endangered Species Act when it failed to re-initiate consultation on the environmental impact of cattle grazing on a plot of national forest land in Arizona. Forest Guardians urges that the Forest Service was required to re-consult because it failed to comply with the agreed-upon...

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