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WILDEARTH GUARDIANS v. CONNER

No. 17-1334.

920 F.3d 1245 (2019)

WILDEARTH GUARDIANS, Plaintiff-Appellant, v. Tamara CONNER, in her official capacity as District Ranger, Leadville Ranger District, San Isabel National Forest, United States Forest Service; United States Forest Service, a federal agency of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 15, 2019.

Attorney(s) appearing for the Case

John R. Mellgren , ( Peter M.K. Frost , with him on the briefs), Western Environmental Law Center, Eugene, Oregon, for Plaintiff-Appellant.

Sommer H. Engels ( Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Andrew C. Mergen , Allen M. Brabender , and Barclay T. Samford , Attorneys, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., and Tyler Clarkson , Deputy General Counsel, and Kenneth Capps , Office of General Counsel, United States Department of Agriculture, with her on the brief), United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. for Defendants-Appellees.

Before HARTZ, SEYMOUR, and EID, Circuit Judges.

The dispute before us concerns the Tennessee Creek Project (the Project), an effort of the United States Forest Service (the Service) in the San Isabel and White River National Forests to protect the forest from insects, disease, and fire; improve wildlife habitat; and maintain watershed conditions. In 2014 the Service published...

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