Rey

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAY 14 2008

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

CENTER FOR BIOLOGICAL No. 07-16892

DIVERSITY; NATURAL RESOURCES

DEFENSE COUNCIL, INC.; SIERRA D.C. No. CV-05-00205-MCE

CLUB; THE WILDERNESS SOCIETY,

Plaintiffs - Appellants OPINION

SIERRA FOREST LEGACY,

Intervenor - Appellee

v.

MARK REY, in his official capacity as Under Secretary of Agriculture; ABIGAIL KIMBELL, in her official capacity as Chief of the United States Forest Service; BERNARD WEINGARDT, in his official capacity as Regional Forester, United States Forest Service Region 5; ALICE CARLTON, in her official capacity as Forest Supervisor, Plumas National Forest,

Defendants - Appellees

TUOLUMNE COUNTY ALLIANCE

FOR RESOURCES & ENVIRONMENT;

CALIFORNIA FOREST COUNTIES

SCHOOLS COALITION; REGIONAL

COUNCIL OF RURAL COUNTIES;

WESTERN COUNCIL OF INDUSTRIAL

WORKERS; KLAMATH ALLIANCE

FOR RESOURCES & ENVIRONMENT;

COARSE GOLD RESOURCE

CONSERVATION DISTRICT/EASTERN

MADERA COUNTY FIRE SAFE

COUNCIL; TULARE COUNTY

RESOURCE…