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WILD WATERSHED v. HURLOCKER

No. 19-2106.

961 F.3d 1119 (2020)

WILD WATERSHED; Multiple Chemical Sensitivities Task Force; Dr. Ann McCampbell, M.D.; Jan Boyer, Plaintiffs-Appellants, v. Sanford HURLOCKER, District Ranger, Santa Fe National Forest; James Melonas, Supervisor, Santa Fe National Forest; Cal Joyner, Southwest Regional Forester, U.S. Forest Service; and Victoria Christiansen, Chief of the U.S. Forest Service, an agency of the U.S. Dept. of Agriculture, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED June 12, 2020.

Attorney(s) appearing for the Case

Thomas J. Woodbury , Forest Defense, P.C., Missoula, Montana, for Appellants.

Eric Grant , Deputy Assistant Attorney General, Environment and National Resources Division, U.S. Department of Justice ( Andrew C. Mergen and Andrew A. Smith , Attorneys, Environment and National Resources Division, U.S. Department of Justice, and Stephen A. Vaden , General Counsel and Dawn Dickman , Attorney, Office of General Counsel, U.S. Department of Agriculture, with him on the brief), Washington, D.C., for Appellees.

Before TYMKOVICH, Chief Judge, EBEL, and HARTZ, Circuit Judges.

The United States Forest Service approved two forest thinning projects in the Santa Fe National Forest pursuant to statutory authority granted by a 2014 amendment to the Healthy Forests Restoration Act (HFRA). By thinning the forest and then conducting prescribed burns in the project areas, the Forest Service aimed to reduce...

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