No. 22-16751.

87 F.4th 1054 (2023)

EARTH ISLAND INSTITUTE; Center for Biological Diversity, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Margie B. DeRose, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2023.

Attorney(s) appearing for the Case

Thomas C. Buchele (argued) and Andrew B. Baloga , Certified Law Student, Earthrise Law Center, Lewis & Clark Law School, Portland, Oregon, for Plaintiffs-Appellants.

Ezekiel A. Peterson (argued), Rachel Heron , and Robert P. Stockman , Attorneys, Environment and Natural Resources Division; Sean C. Duffy , Trial Attorney, Natural Resources Section; Rita Ahuja , Attorney, Office of the General Counsel, United States Department of Agriculture; Rebecca J. Jaffe , Attorney, Environmental Enforcement Section; Todd Kim , Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Eugene E. Siler, Jacqueline H. Nguyen, and Ryan D. Nelson, Circuit Judges.


The Inyo National Forest ("the Forest") looks much different now than it did in the nineteenth century. Large, mature trees once dotted the landscape. But decades of logging, fire suppression, and drought rendered the forest dense with thin, immature trees. Conditions became ripe for catastrophic forest fires...

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