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HAPNER v. TIDWELL

No. 09-35896.

621 F.3d 1239 (2010)

Sharon J. HAPNER; Native Ecosystems Council; Alliance for the Wild Rockies, Plaintiffs-Appellants, v. Tom TIDWELL, Regional Forester of Region One of the United States Forest Service; United States Forest Service, an agency of the United States Department of Agriculture, Defendants-Appellees, Janet G. Hartman; Ronald E. Hartman, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2010.

Attorney(s) appearing for the Case

Timothy M. Bechtold , Bechtold Law Firm PLLC, Rebecca Kay Smith , Public Interest Defense Center PC, Missoula, MT, for the appellants.

Brian C. Toth , U.S. Department of Justice, Washington, D.C., Mark Steger Smith , Office of the U.S. Attorney, Billings, MT, for the appellees.

Ronald Walter Opsahl , Mountain States Legal Foundation, Lakewood, CO, for the intervenor-appellee.

Before: WILLIAM A. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and ROBERT S. LASNIK, Chief District Judge.

OPINION

W. FLETCHER, Circuit Judge:

The United States Forest Service (the "Service") proposed the Smith Creek Project (the "Project") in the Gallatin National Forest to reduce the risk of severe wildfire, to reduce the risk of insect infestation and disease, and to promote habitat diversity. Sharon Hapner, Alliance for Wild Rockies, and Native Ecosystems Council (collectively "Plaintiffs") challenged the Project, contending that it violated the National...

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