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EARTH ISLAND INSTITUTE v. CARLTON

No. 09-16914.

626 F.3d 462 (2010)

EARTH ISLAND INSTITUTE, a non-profit organization, Plaintiff-Appellant, v. Alice B. CARLTON, in her official capacity as Forest Supervisor for Plumas National Forest; Randy Moore, in his official capacity as Regional Forester for Region 5 of the United States Forest Service; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2010.

Attorney(s) appearing for the Case

Rachel M. Fazio , Cedar Ridge, CA, for the appellant.

David C. Shilton , Attorney, U.S. Department of Justice, Washington, D.C., for the appellees.

Opinion by Judge HUG; Dissent by Judge REINHARDT.

OPINION

HUG, Circuit Judge:

Earth Island Institute ("Earth Island") appeals interlocutorily the district court's order denying its motion for a preliminary injunction seeking to enjoin the United States Forest Service ("Forest Service") from conducting post-wildfire logging in the Plumas National Forest. The district court concluded that the applicable forest plan required only the assessment of habitat for the black-backed woodpecker ("woodpecker") at the...

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