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MOUNTAIN COMMUNITIES FOR FIRE SAFETY v. ELLIOTT

No. 20-55660.

25 F.4th 667 (2022)

MOUNTAIN COMMUNITIES FOR FIRE SAFETY; Los Padres Forest-Watch; Earth Island Institute, Plaintiffs-Appellants, v. Kevin ELLIOTT, in his official capacity as the Forest Supervisor of the Los Padres National Forest; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2022.

Attorney(s) appearing for the Case

Matt Kenna (argued), Public Interest Environmental Law, Durango, Colorado; René P. Voss , Natural Resources Law, San Anselmo, California; for Plaintiffs-Appellants.

Ana T. Katselas (argued), David Gunter , and Erika Danielle Norman , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Stephen Vaden , General Counsel; Jamie Rosen , Attorney; Office of the General Counsel, United States Department of Agriculture, Washington, D.C.; for Defendants-Appellees.

Sara Ghafouri and Lawson E. Fite , American Forest Resource Council, Portland, Oregon, for Amicus Curiae American Forest Resource Council.

Before: Ryan D. Nelson and Kenneth K. Lee, Circuit Judges, and Sidney H. Stein, District Judge.

OPINION

The U.S. Forest Service is at loggerheads with several nonprofit groups over its proposed project of "thinning" overcrowded areas in Cuddy Valley within Los Padres National Forest. If some trees are not "thinned"—i.e., removed—the forest will...

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