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ECOLOGY CENTER v. CASTANEDA

No. 07-35054.

562 F.3d 986 (2009)

The ECOLOGY CENTER, Plaintiff, and Wildwest Institute, Plaintiff-Appellant, v. Bob CASTANEDA, in his official capacity as Forest Supervisor for the Kootenai National Forest; Abigail Kimball, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees, and F.H. Stoltze Land & Lumber Co.; Fousts Inc.; Regehr Logging Inc.; Ponderay Valley Fibre Inc.; Lincoln County, Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2009.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Missoula, MT, for the appellant.

John T. Stahr (briefed), and Charles R. Scott (argued), U.S. Department of Justice Environment and Natural Resources Division, Washington, D.C., for the appellees.

Before: THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

WildWest Institute ("WildWest") challenges the United States Forest Service's approval of nine timber sale and restoration projects in Montana's Kootenai National Forest ("KNF"), claiming violations of the National Forest Management Act ("NFMA"), the National Environmental Policy Act ("NEPA"), and Forest Service regulations. WildWest sought declaratory and injunctive relief to prevent environmental injury. The district court...

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