NATIVE ECOSYSTEMS COUNCIL v. WELDON

No. 11-35659.

697 F.3d 1043 (2012)

NATIVE ECOSYSTEMS COUNCIL, Plaintiff-Appellant, v. Leslie WELDON, in her official capacity as Regional Forester of Region One of the U.S. Forest DWM Service; United States Forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2012.


Attorney(s) appearing for the Case

John Philip Meyer (argued), Cottonwood Environmental Law Center, Bozeman, MT, for the plaintiffs-appellants.

Mark Steger Smith (argued), Assistant United States Attorney, Michael W. Cotter , United States Attorney, Billings, MT, for the defendants-appellees.

Before: STEPHEN REINHARDT, ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

This case arises out of Native Ecosystems Council's (Native Ecosystems Council) appeal of the district court's grant of summary judgment in favor of the United States Forest Service (Forest Service) in an action regarding the Ettien Ridge Fuels Reduction Project (the Project) in the Lewis and Clark National Forest, located in Montana. The Project was designed to reduce the spread and intensity of potential future wildfires...

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