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EARTH ISLAND INSTITUTE v. MULDOON

No. 22-16483.

82 F.4th 624 (2023)

EARTH ISLAND INSTITUTE, a non-profit corporation, Plaintiff-Appellant, v. Cicely MULDOON, in her official capacity as Superintendent of Yosemite National Park; U.S. Department of the Interior; United States National Park Service, an agency of the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2023.

Attorney(s) appearing for the Case

Thomas C. Buchele (argued) and Haley Nicholson , Earthrise Law Center, Lewis & Clark Law School, Portland, Oregon; Bridgett A. Chevallier , Willamette Law Group, Oregon City, Oregon; for Plaintiff-Appellant.

David S. Frankel (argued), Sommer H. Engels , Rachel Heron , and Andrew C. Mergen , Attorneys; Jeffrey S. Thomas , Trial Attorney; Todd Kim , Assistant Attorney General; United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; David W. Gehlert , Trial Attorney, United States Department of Justice, Environment & Natural Resources Division, Denver, Colorado; for Defendants-Appellees.

Before: Mary H. Murguia, Chief Judge, and Michelle T. Friedland and Mark J. Bennett, Circuit Judges.

OPINION

In 2004, the National Park Service adopted a comprehensive plan for fire management in Yosemite National Park. In 2021 and 2022, the National Park Service approved two projects to thin vegetation in Yosemite in preparation for controlled burns. Those projects comported with the fire management plan except...

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