ORGANIZED VILLAGE OF KAKE v. DEPT. OF AGRICULTURE

No. 11-35517.

795 F.3d 956 (2015)

ORGANIZED VILLAGE OF KAKE; The Boat Company; Alaska Wilderness Recreation and Tourism Association; Southeast Alaska Conservation Council; Natural Resources Defense Council; Tongass Conservation Society; Greenpeace, Inc.; Wrangell Resource Council; Center for Biological Diversity; Defenders of Wildlife; Cascadia Wildlands; Sierra Club, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Tom Vilsack, in his official capacity as Secretary of Agriculture; Harris Sherman, in his official capacity as Under Secretary of Agriculture of Natural Resources and Environment; Tom Tidwell, in his official capacity as Chief, USDA Forest Service, Defendants, Alaska Forest Association, Inc., Intervenor-Defendant, and State of Alaska, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2015.


Attorney(s) appearing for the Case

Dario Borghesan (argued), Assistant Attorney General, Anchorage, AK; Thomas E. Lenhart , Assistant Attorney General, Juneau, AK, for Intervenor-Defendant-Appellant State of Alaska.

Thomas S. Waldo (argued) and Eric P. Jorgensen , Earthjustice, Juneau, AK; Nathaniel S.W. Lawrence , Natural Resources Defense Council, Olympia, WA, for Plaintiffs-Appellees.

Julie A. Weis , Haglund Kelley Jones & Wilder LLP, Portland, OR, for Amicus Curiae Alaska Forest Association, Inc.

Opinion by Judge HURWITZ; Concurrence by Judge CHRISTEN; Dissent by Judge CALLAHAN; Dissent by Judge MILAN D. SMITH, JR.; Dissent by Judge KOZINSKI.


OPINION

In 2001, the United States Department of Agriculture promulgated the "Roadless Rule," limiting road construction and timber harvesting in national forests. The Department expressly found that exempting the Tongass National Forest from this Rule "would risk the loss of important roadless area [ecological...

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