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ACCESS FUND v. U.S. DEPT. OF AGRICULTURE

No. 05-15585.

499 F.3d 1036 (2007)

The ACCESS FUND, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Mike Johanns, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2007.

Attorney(s) appearing for the Case

Laurence K. Gustafson, Ashley B. Duffie, and Jeremy K. Kernodle, Haynes and Boone, L.L.P., Dallas, TX, and Marte D. Lightstone, Miller Stratvert, P.A., Albuquerque, NM, for the appellant.

Sharon Swingle, Michael Jay Singer, Appellate Staff, Civil Division; Peter D. Keisler, Assistant Attorney General; Daniel G. Bogden, United States Attorney; Department of Justice, Washington, DC, for the appellees.

Before: J. CLIFFORD WALLACE, RICHARD D. CUDAHY, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

Cave Rock, a large rock formation on the eastern shore of Lake Tahoe, is many things to many people. To the Washoe Tribe, it is a site of powerful religious and cultural significance. To historians and archaeologists, it sheds light both on historical Washoe culture and on the history of American transportation. And, to rock climbers, it offers some of the most challenging...

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