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CENTER FOR BIOLOGICAL DIVERSITY v. ILANO

No. 17-16760.

928 F.3d 774 (2019)

CENTER FOR BIOLOGICAL DIVERSITY; Earth Island Institute, Plaintiffs-Appellants, v. Eli ILANO; Thomas Tidwell; United States Forest Service, Defendants-Appellees, Sierra Pacific Industries, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2019.

Attorney(s) appearing for the Case

Justin Augustine (argued), Oakland, California; René P. Voss , San Anselmo, California; for Plaintiffs-Appellants.

Barclay T. Samford (argued) and J. David Gunter II , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Denver, Colorado; for Defendants-Appellees.

Lawson E. Fite (argued) and Sara Ghafouri , American Forest Resource Council, Portland, Oregon, for Intervenor-Defendant-Appellee.

Before: Milan D. Smith, Jr. and Jacqueline H. Nguyen, Circuit Judges, and Jane A. Restani, Judge.

OPINION

In 2014, Congress amended the Healthy Forests Restoration Act ("HFRA") to allow the United States Forest Service greater flexibility in managing the health of forest lands threatened by insect and disease infestation. The Forest Service identified large swaths of lands in California, including lands within...

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