Forest Service Employees for Environmental Ethics v. United States Forest Service

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FOREST SERVICE EMPLOYEES FOR 

ENVIRONMENTAL ETHICS,

Plaintiff-Appellant, No. 05-36221 v.  D.C. No.

CV-05-06015-MRH

UNITED STATES FOREST SERVICE, an agency of the U.S. Department of OPINION Agriculture, Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding

Argued and Submitted December 6, 2007—Portland, Oregon

Filed May 1, 2008

Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge O’Scannlain

4705 4708 FOREST SERVICE EMPLOYEES v. USFS

COUNSEL

David A. Barr, Western Environmental Law Center, Eugene, Oregon, argued the cause for the plaintiff-appellant and filed briefs.

Steve Frank, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued the cause for the defendant-appellee and filed a brief; Leonard Schaitman, Appellate Staff, Civil Division, United States Department of Justice, Washington DC, Karen J. Immergut, United States Attorney, Portland, Oregon, and Peter D. Keisler,…