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CONSERVATION NORTHWEST v. SHERMAN

No. 11-35729.

715 F.3d 1181 (2013)

CONSERVATION NORTHWEST; Gifford Pinchot Task Force; Environmental Protection Information Center; Klamath Alliance; Umpqua Watersheds Inc.; Siskiyou Regional Education Project; Klamath-Siskiyou Wildlands Center; Oregon Wild; American Lands Alliance; Center for Biological Diversity; Northcoast Environmental Center, Plaintiffs-Appellees, v. Harris SHERMAN; Marcilynn Burke; Terry Rabot; United States Forest Service; Bureau of Land Management; U.S. Fish and Wildlife Service, Defendants-Appellees, D.R. Johnson Lumber Company, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2013.

Attorney(s) appearing for the Case

Scott W. Horngren (argued), American Forest Resource Council; Shay S. Scott , Haglund Kelley Jones & Wilder LLP, Portland, OR, for Intervenor-Defendant-Appellant.

John L. Smeltzer (argued), Attorney, Ignacia S. Moreno , Assistant Attorney General, and David C. Shilton , Attorney, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Peter M.K. Frost (argued), Western Environmental Law Center, Eugene, OR, for Plaintiffs-Appellees.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

We must decide whether a district court may approve resolution of litigation involving a federal agency through a consent decree, which substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. Conservation Northwest and a coalition of other environmental groups ("Plaintiffs") sued the Bureau of Land Management ("BLM"), Forest Service, and...

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