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OREGON NATURAL DESERT ASS'N v. U.S. FOREST SERVICE

No. 08-35205.

550 F.3d 778 (2008)

OREGON NATURAL DESERT ASSOCIATION; Western Watersheds Project; Northwest Environmental Defense Center; Oregon Wild; Center for Biological Diversity; Friends of Oregon's Living Waters, Plaintiffs-Appellants, and Forest Guardians, Plaintiff, v. UNITED STATES FOREST SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2008.

Attorney(s) appearing for the Case

David H. Becker and Peter M. Lacy, Oregon Natural Desert Association; Daniel P. Mensher, Pacific Environmental Advocacy Center; Kristin F. Ruether, Advocates for the West, for the plaintiffs-appellants.

Ronald J. Tenpas, Assistant Attorney General; Russell Young and Lisa E. Jones, United States Department of Justice Environment & Natural Resources Division, for the defendant-appellee.

Before: DAVID R. THOMPSON, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

MILAN D. SMITH, JR., Circuit Judge:

Plaintiffs-Appellants, Oregon Natural Desert Association, Western Watersheds Project, Northwest Environmental Defense Center, Oregon Wild, Center for Biological Diversity, and Friends of Oregon's Living Waters (collectively ONDA), sued Defendant-Appellee, the United States Forest Service (Forest Service), for allegedly failing to comply with § 401 of the Clean Water Act (CWA, or Act) in its issuance of grazing...

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