Martin

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE LANDS COUNCIL, a Washington  nonprofit corporation; OREGON WILD, an Oregon nonprofit corporation; HELLS CANYON PRESERVATION COUNCIL, an Oregon nonprofit corporation, and SIERRA CLUB, a California corporation, Plaintiffs-Appellants, v. KEVIN MARTIN, Forest Supervisor of the Umatilla National Forest U.S. Forest Service, and the No. 07-35804 UNITED STATES FOREST SERVICE, an agency of the United States  D.C. No.

CV-06-00229-LRS

Department of Agriculture, OPINION Defendants-Appellees, and

AMERICAN FOREST RESOURCE

COUNCIL, an Oregon corporation;

BOISE BUILDING SOLUTIONS

MANUFACTURING, L.L.C., a Washington limited liability company; DODGE LOGGING, INC., an Oregon corporation, Defendants-Intervenors- Appellees.  Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

7383 7384 THE LANDS COUNCIL v. MARTIN Argued and Submitted March 11, 2008—Portland, Oregon

Filed June 25, 2008

Before: Susan P. Graber, Richard A. Paez, and Carlos T. Bea, Circuit Judges.

Opinion by…