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LANDS COUNCIL v. McNAIR

No. 07-35000.

494 F.3d 771 (2007)

The LANDS COUNCIL; Wild West Institute, Plaintiffs-Appellants, v. Ranotta McNAIR, Forest Supervisor for the Idaho Panhandle National Forests; United States Forest Service, Defendants-Appellees, Boundary County; City of Bonners Ferry; City of Moyie Springs; Everhart Logging, Inc.; Regehr Logging, Inc., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2007.

Attorney(s) appearing for the Case

Karen Lindholdt, University Legal Assistance, Spokane, WA, for the plaintiffs-appellants.

Thomas W. Swegle, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellees.

Scott W. Horngren, Haglund, Kelley, Horngren, Jones, and Wilder LLP, Portland, OR, for the intervenors-appellees.

Before: WARREN J. FERGUSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

Opinion by Judge FERGUSON; Concurrence by Judge MILAN D. SMITH, JR.; Concurrence by Judge FERGUSON.

FERGUSON, Circuit Judge:

The Lands Council and the Wild West Institute (collectively, "Lands Council") appeal the district court's denial of their motion for a preliminary injunction to halt the Mission Brush Project ("Project"). Under the Project, the United States Forest Service ("Forest Service" or "Service") plans to allow the selective logging of 3,829...

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