People of the State of CALIFORNIA ex rel. Bill LOCKYER; State of New Mexico, ex rel. Patricia A. Madrid, Attorney General for the State of New Mexico; State of Oregon, by and through Theodore Kulongoski, Governor; State of Wyoming; The Wilderness Society; California Wilderness Coalition; Forests Forever Foundation; Northcoast Environmental Center; Oregon Natural Resources Council Fund; Sitka Conservation Society; Siskiyou Regional Education Project; Biodiversity Conservation Alliance; Sierra Club; National Audubon Society; Greater Yellowstone Coalition, Center for Biological Diversity; Environmental Protection Information Center; Klamath-Siskiyou Wildlands Center; Defenders of Wildlife; Pacific Rivers Council; Idaho Conservation League; Humane Society of the United States; Conservation NW; Greenpeace, Plaintiffs-Appellees,
v.
U.S. DEPARTMENT OF AGRICULTURE; Dale Bosworth, Chief of the U.S. Forest Service; Mike Johanns, Secretary of the Department of Agriculture; Mark Rey, under Secretary for Natural Resources & Environment of the Department of Agriculture; United States Forest Service, Defendants-Appellants, and
American Council of Snowmobile Associations; Blueribbon Coalition; California Association of 4 Wheel Drive Clubs United Four Wheel Drive Associations; Silver Creek Timber Company, Inc., Defendant-intervenors,
v.
State of Washington, Plaintiff-intervenor-Appellee.
The People of the State of California, Ex Rel. Bill Locyker Attorney General; State of New Mexico, ex rel; Patricia A. Madrid, Attorney General for the State of New Mexico; State of Oregon, by and through Theodore Kulongoski, Governor; State of Wyoming; The Wilderness Society; California Wilderness Coalition; Forests Forever Foundation; Northcoast Environmental Center; Oregon Natural Resources Council Fund; Sitka Conservation Society; Siskiyou Regional Education Project; Biodiversity Conservation Alliance; Sierra Club; National Audubon Society; Greater Yellowstone Coalition Center for Biological Diversity; Environmental Protection Information Center; Klamath-Siskiyou Wildlands Center; Defenders of Wildlife; Pacific Rivers Council; Idaho Conservation League; Humane Society of the United States; Conservation NW; Greenpeace, Plaintiffs-Appellees,
v.
United States Department of Agriculture; Dale Bosworth, Chief of the U.S. Forest Service; Mike Johanns, Secretary of the Department of Agriculture; Mark Rey, Under Secretary for Natural Resources & Environment of the Department of Agriculture; United States Forest Service, Defendants,
American Council of Snowmobile Associations; Blueribbon Coalition; California Association of 4 Wheel Drive Clubs; United Four Wheel Drive Associations, Defendant-intervenors, and
Silver Creek Timber Company, Inc., Defendant-intervenor-Appellant,
v.
State of Washington, Plaintiff-intervenor-Appellee.
People of the State of California ex rel. Bill Lockyer; State of New Mexico, ex rel. Patricia A. Madrid, Attorney General for the State of New Mexico; State of Oregon, by and through Theodore Kulongoski, Governor; State of Wyoming; The Wilderness Society; California Wilderness Coalition; Forests Forever Foundation; Northcoast Environmental Center; Oregon Natural Resources Council Fund; Sitka Conservation Society; Siskiyou Regional Education Project; Biodiversity Conservation Alliance; Sierra Club; National Audubon Society; Greater Yellowstone Coalition, Center for Biological Diversity; Environmental Protection Information Center; Klamath-Siskiyou Wildlands Center; Defenders of Wildlife; Pacific Rivers Council; Idaho Conservation League; Humane Society of the United States; Conservation NW; Greenpeace, Plaintiffs-Appellees,
v.
U.S. Department of Agriculture; Dale Bosworth, Chief of the U.S. Forest Service; Mike Johanns, Secretary of the Department of Agriculture; Mark Rey, Under Secretary for Natural Resources & Environment of the Department of Agriculture; United States Forest Service, Defendants,
Silver Creek Timber Company, Inc., Defendant-intervenor, and
American Council of Snowmobile Associations; Blueribbon Coalition; California Association of 4 Wheel Drive Clubs United Four Wheel Drive Associations, Defendant-intervenors-Appellants,
v.
State of Washington, Plaintiff-intervenor-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 20, 2008.
Filed August 5, 2009.
Amended August 25, 2009.
Attorney(s) appearing for the Case
Edmund G. Brown, Jr., and Claudia Polsky, California Department of Justice, Oakland, CA, for plaintiff-appellee State of California.
Hardy Myers, Mary H. Williams, and David E. Leith, Office of the Oregon Attorney General, Salem, OR, for plaintiff-appellee State of Oregon.
Rob McKenna, Mary Sue Wilson, Joan M. Marchioro, and Sheila Lynch, Office of the Washington Attorney General, Olympia, WA, for plaintiff-appellee State of Washington.
Gary King, Stephen Farris, and Judith Ann Moore, Office of the New Mexico Attorney General, Santa Fe, NM, for plaintiff-appellee State of New Mexico.
Kristen L. Boyles, Earthjustice, Seattle, WA, Timothy J. Preso, Earthjustice, Bozeman, MT, and Thomas S. Waldo, Earthjustice, Juneau, AK, for plaintiff-appellees The Wilderness Society, California Wilderness Coalition, Forests Forever Foundation, Northcoast Environmental Center, Oregon Wild, Sitka Conservation Society, Siskiyou Regional Education Project, Biodiversity Conservation Alliance, Sierra Club, National Audubon Society, Greater Yellowstone Coalition, Center for Biological Diversity, Environmental Protection Information Center, Klamath-Siskiyou Wildlands Center, Defenders of Wildlife, Pacific Rivers Council, Idaho Conservation League, Humane Society of the United States, Conservation NW and Greenpeace.
Ronald J. Tenpas, David C. Shilton, and John L. Smeltzer, United States Department of Justice, Washington, D.C., for the defendant-appellant United States Department of Agriculture and United States Forest Service.
Paul A. Turcke and Carl J. Withroe, Moore Smith Buxton & Turcke, Chtd., Boise, ID, for the defendant-intervenor-appellants California Association of 4 Wheel Drive Clubs, United Four Wheel Drive Associations, American Council of Snowmobile Associations and the BlueRibbon Coalition.
Scott W. Horngren, Haglund Kelley Horngren Jones & Wilder, LLP, Portland, OR, and Dennis M. Wilson, Wilson Law, Sacramento, CA, for defendant-appellant-intervenor Silver Creek Timber Company.
Bruce A. Salsburg, Jay Jerde, and Robert A. Nicholas, Office of the Wyoming Attorney General, for amicus curiae State of Wyoming.
Mick McGrath and Candace F. West, Office of the Montana Attorney General, Helena, MT, for amicus curiae State of Montana.
G. Steven Rowe and Mark Randlet, Office of the Maine Attorney General, Augusta, ME, for amicus curiae State of Maine.
Before ROBERT R. BEEZER, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BEEZER, Circuit Judge:
This case involves procedural challenges to a United States Forest Service Rule known as the State Petitions Rule. The plaintiffs, several states and various environmentalist organizations, contend that the State Petitions Rule was promulgated without proper process and that it is invalid. They urge us to affirm the district court, which set aside the State Petitions Rule and reinstated the Roadless Area Conservation Rule, more commonly known...
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