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FRIENDS OF THE INYO v. UNITED STATES FOREST SERVICE

No. 23-15492.

FRIENDS OF THE INYO; WESTERN WATERSHEDS PROJECT; CENTER FOR BIOLOGICAL DIVERSITY; SIERRA CLUB, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; LEEANN MURPHY, Defendants-Appellees, KORE MINING, LTD., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2024.

Attorney(s) appearing for the Case

Roger Flynn (argued), Western Mining Action Project, Lyons, Colorado; Talasi B. Brooks , Western Watersheds Project, Boise, Idaho; for Plaintiffs-Appellants.

Ezekiel Peterson (argued), Tyler M. Alexander , and Robert P. Stockman , Assistant United States Attorneys; Todd Kim , Assistant Attorney General; United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Jamie Rosen , Attorney, United States Department of Agriculture, Office of General Counsel, Washington, D.C.; for Defendants-Appellees United States Forestry Service and Leeann Murphy.

Kerry Shapiro (argued), Daniel Quinley , and Lena Streisand , Jeffer Mangels Butler & Mitchel LLP, San Francisco, California, for Intervenor-Defendant-Appellee Kore Mining LTD.

Opinion by Judge Desai, Dissent by Judge Bumatay.

OPINION

In 2021, the United States Forest Service approved the Long Valley Exploration Drilling Project (the "Project"), a mineral exploration project on land in the Inyo National Forest. Plaintiffs Friends of the Inyo, Western Watersheds Project, Center for Biological Diversity, and Sierra Club (collectively, "Friends...

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