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KLAMATH-SISKIYOU WILDLANDS CENTER v. MACWHORTER

No. 13-35453.

797 F.3d 645 (2015)

KLAMATH-SISKIYOU WILDLANDS CENTER; Cascadia Wildlands Project; Rogue Riverkeeper, Plaintiffs-Appellants, v. Rob MACWHORTER, in his official capacity; United States Forest Service, Defendants-Appellees, Waldo Mining District; Thomas Kitchar; Donald Young, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2015.

Attorney(s) appearing for the Case

John R. Mellgren (argued), Peter M.K. Frost , Western Environmental Law Center, Eugene, OR, for Plaintiffs-Appellants.

Lane N. McFadden (argued) and Bridget Kennedy McNeil , Attorneys, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.

James L. Buchal , Murphy & Buchal, LLP, Portland, OR, for Intervenor-Defendants-Appellees.

Before: WILLIAM A. FLETCHER and ANDREW D. HURWITZ, Circuit Judges and DONALD E. WALTER, Senior District Judge.

OPINION

In this appeal, the Klamath-Siskiyou Wildlands Center ("KS Wild") challenges the district court's dismissal of its claim against the U.S. Forest Service for lack of subject matter jurisdiction. The district court concluded that KS Wild's notice of intent to sue under the Endangered Species Act was deficient...

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