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PACIFIC RIVERS COUNCIL v. U.S. FOREST SERVICE

No. 08-17565.

668 F.3d 609 (2012)

PACIFIC RIVERS COUNCIL, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Mark Rey, in his official capacity as Under Secretary of Agriculture; Dale Bosworth, in his capacity as Chief of the United States Forest Service; Jack Blackwell, in his official capacity as Regional Forester, Region 5, United States Forest Service, Defendants-Appellees, and California Forestry Association; American Forest & Paper Association; Quincy Library Group; Plumas County; California Ski Industry Association, Defendants-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2012.

Attorney(s) appearing for the Case

Brian Gaffney , Kelly A. Franger , Lippe Gaffney Wagner , San Francisco, CA, Babak Naficy, San Luis Obispo, CA, for the appellant.

Jennifer Scheller Neumann (argued), Cynthia S. Huber , U.S. Department of Justice, Washington, DC, Barclay T. Samford , U.S. Department of Justice, Denver, CO, David Taylor Shelledy , Office of the U.S. Attorney, Sacramento, CA, for the appellees.

J. Michael Klise , Thomas Richard Lundquist , Crowell & Moring, LLP, Washington, DC, Steven P. Rice , Crowell & Moring, LLP, Irvine, CA, Michael B. Jackson , Quincy, CA, for the intervenors-appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge N.R. SMITH.

OPINION

W. FLETCHER, Circuit Judge:

The national forests of the Sierra Nevada Mountains ("the Sierras") are home to a rich array of fauna, including at least 61 species of fish and 35 species of amphibians. The Sierra Nevada Ecosystem Project, a study commissioned by Congress, concluded in 1996 that their environment has been severely degraded: "The aquatic/riparian systems are the most altered and impaired habitats in the Sierra."

The Sierra Nevada...

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