FOREST GUARDIANS v. UNITED STATES FOREST SERVICE

No. 07-1020.

495 F.3d 1162 (2007)

FOREST GUARDIANS; Colorado Wild; Center for Native Ecosystems; Carson Forest Watch; K. Randall McKown; Gilbert Duran; and Alice Duran, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee. Intermountain Forest Association; Intermountain Resources, LLC; and Mountain Valley Lumber Co., Inc., Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

July 20, 2007.


Attorney(s) appearing for the Case

Nicolas F. Persampieri (Andrea Zaccardi with him on the briefs), Earthjustice, Denver, CO, for the Plaintiffs-Appellants.

Scott W. Horngren, Haglund, Kelley, Horngren, Jones, & Wilder, LLP, Portland, OR, and John L. Smeltzer (Kenneth Capps, Office of the General Counsel, U.S. Department of Agriculture; Matthew J. McKeown, and Mark R. Haag with them on the briefs), U.S. Department of Justice, Washington, DC, for the Defendants-Appellees.

Before LUCERO, ANDERSON, and McCONNELL, Circuit Judges.


LUCERO, Circuit Judge.

Forest Guardians1 appeal a district court decision finding that the United States Forest Service ("USFS") complied with the relevant laws in approving the County Line Vegetation Management Project. They argue that USFS: (1) violated the National Forest Management Act ("NFMA"), 16 U.S.C. § 1604(b), by failing to collect actual population data for management indicator species ("MIS"); (2) failed to provide substantial...

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