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WILDWEST INSTITUTE v. BULL

No. 07-35044.

547 F.3d 1162 (2008)

WILDWEST INSTITUTE; Friends of the Bitterroot, Inc., Plaintiffs-Appellants, v. Dave BULL; Abigail Kimbell; United States Forest Service, Defendants-Appellees, Bitter Root Resource Conservation and Development Area Inc.; Ravalli County; Sula Volunteer Fire Department; Robert Wetztseon; Becki Linderman; Rocky Mountain Log Homes, Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated July 7, 2008.

Resubmitted October 29, 2008.

Filed November 6, 2008.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, argued the cause for the plaintiffs-appellants and filed briefs.

Stacey Person, Environmental & Natural Resources Division, U.S. Dept. of Justice, Washington, DC, argued the cause for the federal defendant-appellees and filed briefs.

Julie Weis, Hagland Kelley Horngren Jones & Wilder LLP, Portland, OR, argued the cause for the defendant-interventor-appellees and filed briefs.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I

In order to effectuate its management role over the national forests, the National Forest Management Act ("NFMA"), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service ("Forest Service") to develop and to maintain forest resource management...

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