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SIERRA CLUB v. WAGNER

No. 08-1978.

555 F.3d 21 (2009)

SIERRA CLUB, Center for Biological Diversity, and The Wilderness Society, Plaintiffs, Appellants, v. Thomas WAGNER, in his official capacity as Forest Supervisor of the White Mountain National Forest; Abigail Kimbell, in her official capacity as Chief of the United States Forest Service; Edward T. Schafer, in his official capacity as Secretary of the United States Department of Agriculture; and the United States Department of Agriculture, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 6, 2009.

Attorney(s) appearing for the Case

Kristin A. Henry, with whom Eric E. Huber and Bradford W. Kuster were on brief for appellants.

Charles R. Scott, United States Department of Justice, Environment & Natural Resources Division, with whom Cynthia S. Huber and Mark R. Haag, United States Department of Justice, Environment & Natural Resources Division, and Ronald J. Tenpas, Assistant Attorney General, were on brief for appellees.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

The Sierra Club, along with two other conservation groups (for simplicity we refer only to the Sierra Club), challenges the Forest Service's approval of two forest resource management projects in the White Mountain National Forest ("Forest" or "WMNF"): the Than Forest Resource Management Project ("Than Project") and the Batchelder Brook Vegetation Management Project ("Batchelder Project"). The district...

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