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ALLIANCE FOR THE WILD ROCKIES v. PETRICK

No. 21-35504, No. 21-35785.

68 F.4th 475 (2023)

ALLIANCE FOR THE WILD ROCKIES, Plaintiff-Appellee, v. Carl PETRICK, his official capacity as Forest Supervisor for the Idaho Panhandle National Forests; United States Forest Service, an agency of the U.S. Department of Agriculture; United States Fish and Wildlife Service, an agency of the U.S. Department of Interior, Defendants-Appellants. Alliance for the Wild Rockies, Plaintiff-Appellee, v. United States Forest Service, an agency of the U.S. Department of Agriculture; Carl Petrick, in his official capacity as Forest Supervisor for the Idaho Panhandle National Forests, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2023.

Attorney(s) appearing for the Case

Joan M. Pepin (argued), Rachel E. Heron , John P. Tustin , and Emma L. Hamilton , Attorneys; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Washington, D.C.; Rickey D. Turner , Attorney; Environment and Natural Resources Division, United States Department of Justice; Denver, Colorado; Elise Foster , Attorney; United States Department of Agriculture, Office of the General Counsel; Washington, D.C.; for Defendants-Appellants.

Rebecca K. Smith (argued), Public Interest Defense Center, Missoula, Montana, for Plaintiff-Appellee.

Before: Ryan D. Nelson, Danielle J. Forrest, and Jennifer Sung, Circuit Judges.

OPINION

We address two appeals involving an ongoing dispute over the Hanna Flats logging project (the Project) in the Idaho panhandle. The United States Forest Service designated several thousand acres of national forest for various treatments, including commercial logging, to reduce the risk of wildfires and...

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