BARK v. U.S. FOREST SERVICE

No. 19-35665.

958 F.3d 865 (2020)

BARK; Cascadia Wildlands; Oregon Wild, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, a federal agency, Defendant-Appellee, High Cascade, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2020.


Attorney(s) appearing for the Case

Brenna Bell (argued), Portland, Oregon; Nick Cady , Eugene, Oregon; for Plaintiffs-Appellants.

Jeffrey S. Beelaert (argued), Shaun M. Pettigrew , and Krystal-Rose Perez , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Stephen A. Vaden , General Counsel; Val J. McLam Black , Senior Counsel, United States Department of Agriculture, Washington, D.C.; for Defendant-Appellee.

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

Order; Opinion by Judge Higginson; Concurrence by Judge Graber.


ORDER

Appellants' request to publish the unpublished Memorandum disposition, Docket No. 37, is GRANTED. The Memorandum disposition filed April 3, 2020, is redesignated as an authored Opinion by Judge Higginson, with modifications. The time for filing a petition for rehearing and petition for rehearing en banc shall start anew as of the filed date of this Opinion.

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