SIERRA FOREST LEGACY; Center for Biological Diversity; Natural Resources Defense Council; Sierra Club; The Wilderness Society, Inc., Plaintiffs-Appellants
v.
Harris SHERMAN, in his official capacity as Under Secretary for Natural Resources and Environment, U.S. Department of Agriculture; Tom Tidwell, in his official capacity as Chief of the U.S. Forest Service; Randy Moore, in his official capacity as Regional Forester, U.S. Forest Service Region 5; Alice Carlton, in her official capacity as Forest Supervisor, Plumas National Forest; Quincy Library Group, Defendants-Appellees,
American Forest & Paper Association; American Forest Resource Council; Blueribbon Coalition; California Equestrian Trails & Lands Coalition; California Forest Counties Schools Coalition; California Forestry Association; California Licensed Foresters Association; California/Nevada Snowmobile Association; Coarsegold Resource Conservation District; Huntington Lake Association; Huntington Lake Big Creek Historical Conservancy; Klamath Alliance for Resources & Environment; Regional Council Of Rural Counties; Sierra Resource Conservation District; Strawberry Property Owner's Association; Tulare County Resource Conservation District; Tuolumne County Alliance for Resources & Environment; Western Council of Industrial Workers; California Cattlemen's Association, Defendants-Intervenors-Appellees.
People of the State of California, Plaintiff-Appellant,
v.
United States Department of Agriculture; Tom Vilsack, Secretary, Department of Agriculture; Harris Sherman, Under Secretary for Natural Resources and Environment, U.S. Department of Agriculture; United States Forest Service; Tom Tidwell, Chief, U.S. Forest Service; Randy Moore, Regional Forester, Pacific Southwest Region, U.S. Forest Service, Defendants-Appellees,
Quincy Library Group; American Forest & Paper Association; American Forest Resource Council; Blueribbon Coalition; California Equestrian Trails & Lands Coalition; California Forest Counties Schools Coalition; California Licensed Foresters Association; California/Nevada Snowmobile Association; Coarsegold Resource Conservation District; Huntington Lake Association; Huntington Lake Big Creek Historical Conservancy; Klamath Alliance for Resources & Environment; Regional Council of Rural Counties; Sierra Resource Conservation District; Strawberry Property Owners' Association; Tulare County Resource Conservation District; Tuolumne County Alliance for Resources & Environment; Western Council of Industrial Workers; California Forestry Association; California Cattlemen's Association, Defendants-Intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 8, 2010.
Filed May 26, 2011.
Attorney(s) appearing for the Case
Gregory C. Loarie (argued), Oakland, CA, and Patrick Gallagher , San Francisco, CA, for plaintiffs-appellants Sierra Forest Legacy, Center for Biological Diversity, Natural Resources Defense Council, Sierra Club and The Wilderness Society, Inc.
Ignacia S. Moreno , U.S. Assistant Attorney General, Barclay Samford , Robert H. Oakley and Jennifer Scheller Neumann (argued), U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., and James L. Rosen , U.S. Department of Agriculture, Office of General Counsel, San Francisco, CA, for defendants-appellees United States Department of Agriculture, United States Forest Service, Tom Vilsack, Harris Sherman, Tom Tidwell, Randy Moore and Alice Carlton.
Michael B. Jackson (argued), Quincy, CA, for defendant-appellee and defendant-intervenor-appellee Quincy Library Group.
Thomas R. Lundquist (argued) and J. Michael Klise , Washington, D.C., for defendants-intervenors-appellees American Forest and Paper Association, American Forest Resource Council, Blueribbon Coalition, California Equestrian Trails and Lands Coalition, California Forest Counties Schools Coalition, California Forestry Association, California Licensed Foresters Association, California/Nevada Snowmobile Association, Coarsegold Resource Conservation District, Huntington Lake Association, Huntington Lake Big Creek Historical Conservancy, Klamath Alliance for Resources and Environment, Regional Council of Rural Counties, Sierra Resource Conservation District, Strawberry Property Owners' Association, Tulare County Resource Conservation District, Tuolumne County Alliance for Resources and Environment and Western Council of Industrial Workers.
PER CURIAM Introduction; Section I-VI by Judge FISHER; Section VII by Judge REINHARDT; Judge FISHER Dissenting in Part; Judge NOONAN Concurring in Part and Dissenting in Part.
United States Court of Appeals, Ninth Circuit.
OPINION
PER CURIAM:
This appeal concerns whether the process of establishing management guidelines governing 11.5 million acres of federal land in the Sierra Nevada region complied with both the procedural requirements of the National Environmental Policy Act (NEPA) and the substantive restrictions of the National Forest Management Act (NFMA). Sierra Forest Legacy, the Center for Biological Diversity, the Natural Resources Defense Council, the Sierra Club...
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