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UTAH ENVIRONMENTAL CONGRESS v. RICHMOND

No. 06-4059.

483 F.3d 1127 (2007)

UTAH ENVIRONMENTAL CONGRESS, a Utah nonprofit corporation; High Uintas Preservation Council, a Utah nonprofit corporation, Plaintiffs-Appellants, v. Eileen RICHMOND, in her official capacity as Acting Forest Supervisor of the Ashley National Forest; Dale Bosworth, as Chief of the Forest Service; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 30, 2007.

Attorney(s) appearing for the Case

Sarah Tal, Salt Lake City, UT, for Plaintiffs-Appellants.

Mark R. Haag, (Todd S. Aagaard, and Sue Ellen Woolridge, Assistant Attorney General, Environment & Natural Resources Division, Department of Justice, Washington, D.C., and Elise Foster, Of Counsel, Office of the General Counsel, United States Department of Agriculture, Ogden, UT, on the brief), for Defendants-Appellees.

Before, KELLY, EBEL, Circuit Judges and, MURGUIA, District Judge.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Utah Environmental Congress filed suit in federal district court challenging the Forest Service's approval of the Trout Slope West Timber Sale project in the Ashley National Forest. UEC brought its suit pursuant to § 706 of the Administrative Procedure Act, arguing that the Forest Service's approval of the project was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." ...

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