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UTAH ENVIRONMENTAL CONGRESS v. RUSSELL

No. 05-4286.

518 F.3d 817 (2008)

UTAH ENVIRONMENTAL CONGRESS, a Utah nonprofit corporation, Plaintiff-Appellant, v. Robert A. RUSSELL, as Supervisor of the Dixie National Forest; Dale Bosworth, as Chief of the Forest Service; United States Forest Service, Defendants-Appellees. State of Utah, by and through its Division of Forestry, Fire and State Lands, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Sarah Tal, Salt Lake City, UT (Joel Ban, Salt Lake City, UT, on the opening brief), for Plaintiff-Appellant.

Mark R. Haag, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Sue Ellen Wooldridge, Assistant Attorney General, and Lisa E. Jones, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C.; and Elise Foster, Office of General Counsel, United States Department of Agriculture, Ogden, UT, with him on the brief), for Defendants-Appellees.

Before HARTZ, SEYMOUR, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

In August, 2004, the Forest Service approved the Barney Top Resource Management Project (Project), a timber harvesting and prescribed burning project in Utah's Dixie National Forest, pursuant to the Dixie National Forest Land and Resource Management Plan (Plan). After an unsuccessful administrative appeal to the United States Department of Agriculture, the Utah Environmental Congress (UEC) brought this action in district court alleging that...

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