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WILDERNESS SOC., INC. v. REY

No. 06-35565.

622 F.3d 1251 (2010)

The WILDERNESS SOCIETY, INC.; American Wildlands; Pacific Rivers Council, Plaintiffs-Appellees, v. Mark REY; Ann Veneman; Dale Bosworth, Chief, United States Forest Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2010.

Attorney(s) appearing for the Case

John C. Cruden , Acting Assistant Attorney General, Washington, D.C., for the appellants.

Leslie Lagomarcino , U.S. Department of Agriculture Office of General Counsel, Washington, DC, for the appellants.

David C. Shilton , Barclay T. Samford (argued), and Katherine W. Hazard , U.S. Dept. of Justice, Washington, D.C., for the appellants.

Timothy J. Preso (argued), Bozeman, MT, for the appellees.

Before: CYNTHIA HOLCOMB HALL, DAVID R. THOMPSON, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

The Forest Service Decisionmaking and Appeals Reform Act ("ARA"), requires the Secretary of Agriculture to establish notice and comment procedures through the Chief of the United States Forest Service for proposed decisions related to "projects and activities implementing land and resource management plans." Pub.L. No. 102-381, § 322, 106 Stat. 1419 (1992) (codified as 16 U.S.C. § 1612 note). The Act also requires...

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