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NATIVE ECOSYSTEMS COUNCIL v. MARTEN

No. 16-35571.

883 F.3d 783 (2018)

NATIVE ECOSYSTEMS COUNCIL; Alliance for the Wild Rockies, Plaintiffs-Appellants, v. Leanne MARTEN, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture; United States Fish and Wildlife Service, an agency of the U.S. Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2018.

Attorney(s) appearing for the Case

Rebecca Kay Smith (argued), Public Interest Defense Center, Missoula, Montana; Timothy M. Bechtold , Bechtold Law Firm, Missoula, Montana; for Plaintiffs-Appellants.

Jeffrey S. Beelaert (argued), Travis J. Annatoyn , Allen M. Brabender , and Andrew C. Mergen , Attorneys, Environment and Natural Resources Division; Jeffrey H. Wood , Acting Assistant Attorney General; Kathryn Williams-Shuck , United States Department of the Interior; Alan Campbell , United States Department of Agriculture; Mark S. Smith , Assistant United States Attorney; United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Ferdinand F. Fernandez, William A. Fletcher, and Michael J. Melloy, Circuit Judges.

OPINION

This appeal challenges the United States Forest Service's proposed Lonesome Wood Vegetation Management 2 Project ("Lonesome Wood 2" or "project"), designed to reduce the threat of wildfire in a populated area of the Gallatin National Forest in Montana. If implemented, Lonesome Wood 2 would entail thinning...

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