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OREGON NATURAL RESOURCES COUNCIL FUND v. BRONG

Nos. 05-35063, 05-35092.

492 F.3d 1120 (2007)

OREGON NATURAL RESOURCES COUNCIL FUND; Klamath-Siskiyou Wildlands Center; Northwest Environmental Defense Center; Cascadia Wildlands Project; Umpqua Watersheds, Plaintiffs-Appellees, v. Elaine BRONG, State Director, Bureau of Land Management; A. Barron Bail, Acting Associate State Director, Bureau of Land Management, Defendants, and Timber Products Co., an Oregon limited partnership; Swanson Group, Inc., an Oregon corporation; American Forest Resource Council, an Oregon nonprofit corporation, Defendants-Intervenors-Appellants. Oregon Natural Resources Council Fund; Klamath-Siskiyou Wildlands Center; Northwest Environmental Defense Center; Cascadia Wildlands Project; Umpqua Watersheds, Plaintiffs-Appellees, v. Elaine Brong, State Director, Bureau of Land Management; A. Barron Bail, Acting Associate State Director, Bureau of Land Management, Defendants-Appellants, and Timber Products Co., an Oregon limited partnership; Swanson Group, Inc., an Oregon corporation; American Forest Resource Council, an Oregon nonprofit corporation, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2007.

Attorney(s) appearing for the Case

Ellen J. Durkee, United States Department of Justice, Washington, D.C., argued and briefed the case for the federal appellants.

Scott W. Horngren and Julie A. Weis, Haglund, Kelley, & Horngren, Jones & Wilder LLP, Portland, OR, briefed the case, and Mr. Horngren argued the case for the intervenors-appellants.

Susan Jane Brown, Pacific Environmental Advocacy Center, Portland, OR, argued and briefed the case for the appellees.

Before: JAMES R. BROWNING, D.W. NELSON, and DIARMUID F. O'SCANNLAIN, Circuit Judges.

Opinion by Judge D.W. NELSON; Dissent by Judge O'SCANNLAIN.

D.W. NELSON, Senior Circuit Judge:

Elaine Brong, Oregon State Director of the Bureau of Land Management ("BLM"), and other parties1 appeal the district court's decision invalidating the Timbered Rock Fire Salvage and Elk Creek Watershed Restoration Project ("Timbered Rock Project" or "Project"), a plan developed by the BLM to log nearly a thousand acres of protected land...

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