80 F.3d 1401 (9th Cir. 1996), 95-35052, Seattle Audubon Soc. v. Moseley

Docket Nº:95-35052, 95-35214 and 95-35215.
Citation:80 F.3d 1401
Party Name:96 Cal. Daily Op. Serv. 2449, 96 Daily Journal D.A.R. 4131 SEATTLE AUDUBON SOCIETY; Washington Environmental Council; Washington Native Plants Society; Save the West; The Sierra Club, a non-profit corporation, Plaintiffs, and Native Forest Council, Plaintiff-Appellant, v. James R. MOSELEY, in his official capacity as Asst. Secretary of Agriculture;
Case Date:April 10, 1996
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1401

80 F.3d 1401 (9th Cir. 1996)

96 Cal. Daily Op. Serv. 2449,

96 Daily Journal D.A.R. 4131

SEATTLE AUDUBON SOCIETY; Washington Environmental Council;

Washington Native Plants Society; Save the West;

The Sierra Club, a non-profit

corporation, Plaintiffs,

and

Native Forest Council, Plaintiff-Appellant,

v.

James R. MOSELEY, in his official capacity as Asst.

Secretary of Agriculture; James Lyons, in his official

capacity as Asst. Secretary of Agriculture for Natural

Resources and Environment; United States Forest Service, an

agency of the United States; Bureau of Land Management, an

agency of the United States; Michael Espy, in his official

capacity as Secretary of Agriculture; Bruce Babbitt, in his

capacity as Secretary of the Interior, Defendants-Appellees,

and

Washington Contract Loggers Assoc.; Burgess Logging Co.;

Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres

Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart;

Gregory A. Miller; Northwest Forest Resource Council,

Defendants-Intervenors.

SEATTLE AUDUBON SOCIETY; Washington Environmental Council;

The Sierra Club, a non-profit corporation; Native

Forest Council, Plaintiffs,

and

Save The West; Forest Conservation Council, Plaintiffs-Appellants,

v.

James R. MOSELEY, in his official capacity as Asst.

Secretary of Agriculture; James Lyons, in his official

capacity as Asst. Secretary of Agriculture for Natural

Resources and Environment; United States Forest Service, an

agency of the United States; Bureau Of Land Management,

Medford District, an agency of the United States; Michael

Espy, in his official capacity as Secretary of Agriculture;

Bruce Babbitt, in his capacity as Secretary of the Interior,

Defendants-Appellees,

and

Washington Contract Loggers Assoc.; Burgess Logging Co.;

Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres

Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart;

Gregory A. Miller; Northwest Forest Resource Council,

Defendants-Intervenors.

SEATTLE AUDUBON SOCIETY; Washington Environmental Council;

Save The West; The Sierra Club, a non-profit

corporation; Native Forest Council,

Forest Conservation Council,

Plaintiffs-Appellees,

v.

James R. MOSELEY, in his official capacity as Asst.

Secretary of Agriculture; Bruce Babbitt, in his capacity as

Secretary of the Interior; United States Forest Service, an

agency of the United States; Bureau of Land Management,

Medford District, an agency of the United States; Michael

Espy, in his official capacity as Secretary of Agriculture, Defendants,

Washington Contract Loggers Assoc.; Burgess Logging Co.;

Lone Rock Timber Company, Inc.; Jackie Bryan Cox; Freres

Lumber Company, Inc.; Norman V. Persons; A. Troy Reinhart;

Gregory A. Miller; Defendants-Intervenors,

and

James Lyons, in his official capacity as Asst. Secretary of

Agriculture for Natural Resources and Environment,

Defendant-Appellee,

Northwest Forest Resource Council, Defendant-Intervenor-Appellant.

Nos. 95-35052, 95-35214 and 95-35215.

United States Court of Appeals, Ninth Circuit

April 10, 1996

Argued and Submitted Dec. 4, 1995.

Page 1402

[Copyrighted Material Omitted]

Page 1403

Stephen M. Truitt, Washington, D.C., and John S. Karpinski, Vancouver, Washington, for plaintiff-appellant-cross-appellee Native Forest Council.

Peggy Hennessy, Reeves, Kahn & Eder, Portland, Oregon, for plaintiffs-appellants-cross-appellees Forest Conservation Council and Save the West.

Mark C. Rutzick, Mark C. Rutzick Law Firm, Portland, Oregon, for defendants-intervenors-appellants Northwest Forest Resource Council.

David C. Shilton, Environmental and Natural Resources Division, United States Department of Justice, Washington, D.C., for defendants-appellees.

Appeals from the United States District Court for the Western District of Washington; William L. Dwyer, District Judge, Presiding. No. CV-92-479-WLD.

Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.

OPINION

PER CURIAM:

All three of these appeals arise from challenges to the April 13, 1994 decision by the Secretaries of Agriculture and Interior to approve a plan to manage federal land with spotted owl habitat in the Pacific Northwest.

I.

In appeals nos. 95-35052 and 95-35214, Native Forest Council, Forest Conservation Council and Save the West ("the environmental plaintiffs") appeal the district court's grant of summary judgment upholding the United States Forest Service and Bureau of Land Management's ("the federal defendants") Record of...

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