LANDS COUNCIL v. MARTIN

No. 07-35804.

529 F.3d 1219 (2008)

The LANDS COUNCIL, a Washington nonprofit corporation; Oregon Wild, an Oregon nonprofit corporation; Hells Canyon Preservation Council, an Oregon nonprofit corporation, and Sierra Club, a California corporation, Plaintiffs-Appellants, v. Kevin MARTIN, Forest Supervisor of the Umatilla National Forest U.S. Forest Service, and the United States Forest Service, an agency of the United States Department of Agriculture, Defendants-Appellees, and American Forest Resource Council, an Oregon corporation; Boise Building Solutions Manufacturing, L.L.C., a Washington limited liability company; Dodge Logging, Inc., an Oregon corporation, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2008.


Attorney(s) appearing for the Case

Ralph O. Bloemers, Crag Law Center, Portland, OR, for the plaintiffs-appellants.

David C. Shilton, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Scott W. Horngren, Haglund Kelley Horngren Jones & Wilder, LLP, Portland, OR, for the defendants-intervenors-appellees.

Before: SUSAN P. GRABER, RICHARD A. PAEZ, and CARLOS T. BEA, Circuit Judges.


GRABER, Circuit Judge:

A forest fire burned thousands of acres of national forest in southeastern Washington, the United States Forest Service initiated a salvage logging operation, and we are called upon to determine whether the Forest Service took the requisite "hard look" under the National Environmental Policy Act of 1969 ("NEPA"), 42 U.S.C. §§ 4321-4370, and whether it complied with the National Forest Management Act of 1976 ("NFMA"), 16 U.S.C. §...

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