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LEAGUE OF WILDERNESS DEF. BLUE MOUNTAINS v. ALLEN

No. 09-35094.

615 F.3d 1122 (2010)

LEAGUE OF WILDERNESS DEFENDERS BLUE MOUNTAINS BIODIVERSITY PROJECT; Cascadia Wildlands Project; Sierra Club, Plaintiffs-Appellees, v. John P. ALLEN, in his official capacity as Forest Supervisor of the Deschutes National Forest; United States Forest Service, an administrative agency of the United States Department of Agriculture, Defendants-Appellants, and Interfor Pacific, Inc.; American Forest Resource Council, Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2010.

Attorney(s) appearing for the Case

Daniel Kruse (argued), Cascadia Wildlands Project; Christopher Winter and Ralph Bloemers, Crag Law Center; Attorneys for plaintiffs-appellees League of Wilderness Defenders Blue Mountains Biodiversity Project, et al.

John C. Cruden, Acting Assistant Attorney General; E. Ann Peterson, David Glazer, and David C. Shilton (argued), Attorneys, U.S. Department of Justice, Environment & Natural Resources Division; and Jocelyn B. Somers, Office of the General Counsel, U.S. Department of Agriculture (Of Counsel); Attorneys for defendants-appellants John P. Allen, et al.

Julie A. Weis and Scott W. Horngren (argued), Haglund Kelley Horngren Jones & Wilder, LLP, Attorneys for defendant-intervenors Interfor Pacific, Inc. and American Forest Resource Council.

Before: RICHARD A. PAEZ, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

The League of Wilderness Defenders-Blue Mountains Biodiversity Project, Cascadia Wildlands Project, and the Sierra Club (collectively, the Conservation Groups, or Groups) brought suit against John Allen, Forest Supervisor of the Deschutes National Forest, and the U.S. Forest Service (collectively, the Forest Service), alleging that the Five Buttes Project (Project) violates the National Forest Management Act (NFMA) and the National...

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