FOREST GUARDIANS v. U.S. FOREST SERVICE

No. 06-2306.

579 F.3d 1114 (2009)

FOREST GUARDIANS and Carson Forest Watch, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 26, 2009.


Attorney(s) appearing for the Case

Steven Sugarman (Alletta Belin with him on the brief), Belin & Sugarman, Santa Fe, NM, for Plaintiffs-Appellants.

David C. Shilton, Attorney, Environment & Natural Resources Division, Department of Justice (Ronald J. Tenpas, Assistant Attorney General; Andrew A. Smith and Mark R. Haag, Attorneys, Environment & Natural Resources Division, Department of Justice; Kathryn Toffenetti and Mary Ann Joca, Office of General Counsel, U.S. Department of Agriculture, with him on the brief), Washington, D.C., for Defendant-Appellee.

Before McCONNELL, SEYMOUR, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Plaintiffs-Appellants Forest Guardians and Carson Forest Watch (collectively "Forest Guardians") challenge the United States Forest Service's approval of a timber sale and restoration project in New Mexico's Carson National Forest, claiming violations of the National Forest Management Act ("NFMA"), 16 U.S.C. §§ 1600 et seq., and Forest Service regulations. Forest Guardians sought declaratory...

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