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HELLS CANYON PRES. COUNCIL v. U.S. FOREST SERVICE

No. 07-35456.

593 F.3d 923 (2010)

HELLS CANYON PRESERVATION COUNCIL, an Oregon non-profit corporation; and The Wilderness Society, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2010.

Attorney(s) appearing for the Case

Brett E. Brownscombe (argued), Portland, OR; William H. Sherlock, Hutchinson, Cox, Coons, Dupriest, Orr & Sherlock, P.C., Eugene, OR, for the plaintiffs-appellants.

Mark R. Haag, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Opinion by Judge BYBEE; Partial Concurrence and Partial Dissent by Judge GARBER.

BYBEE, Circuit Judge:

Plaintiffs-Appellants Hells Canyon Preservation Council and The Wilderness Society (collectively, "HCPC" or "plaintiffs") brought suit against the United States Forest Service ("Forest Service" or "Service"), seeking a judgment declaring: (1) that the Forest Service has failed to retain the original map of the Wilderness in violation of the Hells Canyon National Recreation Area Act, 16 U.S.C. § 460gg(b); (2) that the Forest Service's description...

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