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ALASKA v. U.S. DEPT. OF AGRICULTURE

Nos. 13-5147, 13-5150, 13-5151.

772 F.3d 899 (2014)

State of ALASKA, Appellant v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Appellees Southeast Alaska Conservation Council, et al., Intervenor-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 2014.

Attorney(s) appearing for the Case

Dario Borghesan , Assistant Attorney General, Alaska Department of Law, argued the cause for appellant. With him on the briefs were Thomas E. Lenhart , Assistant Attorney General, Julie A. Weis , Mark C. Rutzick , and Steven W. Silver.

John M. Schultz was on the brief for amici curiae Southeast Alaska Power Agency, et al. in support of appellant.

John L. Smeltzer , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, and David C. Shilton , Attorney.

Nathaniel S.W. Lawrence argued the cause for intervenor-appellees Southeast Alaska Conservation Council, et al. With him on the brief were Thomas S. Waldo and Eric P. Jorgensen.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

The United States Forest Service is an agency within the Department of Agriculture. The Forest Service manages the Nation's forests. In doing so, the Forest Service balances use of forest resources against conservation of the forests.

In January 2001, the Forest Service adopted the Roadless Rule. That rule prohibited...

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