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THE LANDS COUNCIL v. McNAIR

No. 07-35000.

537 F.3d 981 (2008)

THE LANDS COUNCIL; Wild West Institute, Plaintiffs-Appellants, v. Ranotta McNAIR, Forest Supervisor for the Idaho Panhandle National Forests; United States Forest Service, Defendants-Appellees, Boundary County; City of Bonners Ferry; City of Moyie Springs; Everhart Logging, Inc.; Regehr Logging, Inc., Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2008.

Attorney(s) appearing for the Case

Karen Lindholdt, University Legal Assistance, Spokane, WA; Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the Plaintiffs-Appellants.

Andrew C. Mergen and Thomas W. Swegle, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

Scott W. Horngren and Julie A. Weis, Haglund Kelley Horngren Jones & Wilder LLP, Portland, OR; Philip H. Robinson, Boundary County Civil Counsel, Bonners Ferry, ID, for Defendant-Intervenors-Appellees.

Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, ANDREW J. KLEINFELD, HAWKINS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, RAYMOND C. FISHER, MARSHA S. BERZON, RICHARD R. CLIFTON, MILAN D. SMITH, JR., and N. RANDY SMITH, Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

We took this case en banc to clarify some of our environmental jurisprudence with respect to our review of the actions of the United States Forest Service.

The Lands Council and Wild West Institute (collectively, Lands Council) moved for a preliminary injunction to halt the Mission Brush Project (the Project), which called for the selective logging of 3,829 acres of forest in the Idaho Panhandle National Forest (IPNF). As...

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