League of Wilderness Defenders v. United States Forest Service

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEAGUE OF WILDERNESS DEFENDERS 

— BLUE MOUNTAINS BIODIVERSITY

PROJECT; CASADIA WILDLANDS

PROJECT, an Oregon nonprofit No. 06-35780 corporation, Plaintiffs-Appellants,  D.C. No.

CV-04-00982-PP

v.

OPINION

UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Paul J. Papak, Magistrate Judge, Presiding

Argued and Submitted October 21, 2008—Portland, Oregon

Filed December 11, 2008

Before: David R. Thompson, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.

16205 16208 LEAGUE OF WILDERNESS DEFENDERS v. USFS

COUNSEL

R. Scott Jerger, Field Jerger LLP, Portland, Oregon, for the plaintiffs-appellants.

Leslie B. Bellas, United States Department of Justice, Wash- ington, D.C., John Munson, United States Department of Agriculture, Portland, Oregon, and Stephen John Odell, Office of the United States Attorney, Portland, Oregon, for the defendant-appellee.

OPINION

MILAN D. SMITH, JR., Circuit Judge:

In their suit…