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CONSERVATION CONGRESS v. U.S. FOREST SERVICE

No. 12-16452.

720 F.3d 1048 (2013)

CONSERVATION CONGRESS, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; United States Fish and Wildlife Service, Defendants-Appellees, Sierra Pacific Industries, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2013.

Attorney(s) appearing for the Case

James J. Tutchton (argued), Tutchton Law Office LLC, Centennial, CO, for Plaintiff-Appellant.

Vivian H.W. Wang (argued); Ignacia S. Moreno , Assistant Attorney General; Robert P. Williams ; Mary Hollingsworth ; E. Ann Peterson , United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C.; Sarah Birkeland , Office of the General Counsel, United States Department of Agriculture, Washington, D.C.; Veronica Rowan , Office of the Solicitor, United States Department of the Interior, Washington, D.C., for Defendants-Appellees.

Julie A. Weis (argued), Haglund Kelley Jones & Wilder LLP, Portland, OR, for Defendant-Intervenor-Appellee.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

This case arises from a federal agency's authorization of a timber sale, known as the Mudflow Vegetation Management Project (Mudflow Project or Project), and its potential effects on the Northern Spotted Owl's (Owl) critical habitat. Plaintiff-Appellant Conservation Congress (CC) sued federal Defendants-Appellees,1 alleging that they had failed to adequately evaluate the effects of the Mudflow...

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