Usfs
Hells Canyon v. Usfs
Opinion
Opinion
BYBEE, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELLS CANYON PRESERVATION
COUNCIL, an Oregon non-profit corporation; and THE WILDERNESS SOCIETY, No. 07-35456 Plaintiffs-Appellants, v. D.C. No.
CV-02-01138-HA
UNITED STATES FOREST SERVICE, an OPINION agency of the United States Department of Agriculture, Defendant-Appellee. Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding
Argued and Submitted December 11, 2008—Portland, Oregon
Filed January 25, 2010
Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Jay S. Bybee, Circuit Judges.
Opinion by Judge Bybee; Partial Concurrence and Partial Dissent by Judge Graber
1397 1400 HELLS CANYON PRESERVATION COUNCIL v. USFS
COUNSEL
Brett E. Brownscombe (argued), Portland, Oregon; William H. Sherlock, Hutchinson, Cox, Coons, Dupriest, Orr & Sher- lock, P.C., Eugene, Oregon, for the plaintiffs-appellants.
Mark R. Haag, United States Department of Justice, Washing- ton, D.C., for the defendant-appellee.