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LANDS COUNCIL v. McNAIR

No. 09-36026.

629 F.3d 1070 (2010)

The LANDS COUNCIL, Plaintiff-Appellant, and Wild West Institute, Plaintiff, v. Ranotta McNAIR, Forest Supervisor for the Idaho Panhandle National Forests; United States Forest Service, Defendants-Appellees, Boundary County; City of Bonners Ferry; City of Moyie Springs; Everhart Logging, Inc.; Regehr Logging, Inc., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2010.

Attorney(s) appearing for the Case

Thomas J. Woodbury , Forest Defense P.C., for plaintiff-appellant Lands Council.

Ignacia S. Moreno , Assistant Attorney General; David C. Shilton , Susan L. Pacholski , Brian C. Toth (argued), Attorneys, U.S. Department of Justice, Environmental and Natural Resources Division; and Alan J. Campbell , Office of the General Counsel, U.S. Department of Agriculture (Of Counsel); for defendants-appellees Ranotta McNair and the United States Forest Service.

Scott W. Horngren (argued) and Julie A. Weis , Haglund Kelley Horngren Jones & Wilder LLP, for defendants-intervenors-appellees Boundary County, et al.

Before: SIDNEY R. THOMAS and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL R. HOGAN, District Judge.

OPINION

M. SMITH, Circuit Judge:

The Lands Council and Wild West Institute challenged the United States Forest Service's (Forest Service) decision to thin 277 acres of old-growth forest in the Mission Brush Project (Project) area, located in the Idaho Panhandle National Forest (IPNF), claiming that the Project violates the National Forest Management Act (NFMA), 16 U.S.C. § 1600 et seq., the IPNF Plan, and the National Environmental Policy Act...

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