Moseley
Seattle Audubon Society v. Moseley
Opinion
Lead Opinion
All three of these appeals arise from challenges to the April 13, 1994 decision by the Secretaries of Agriculture and Interior to approve a plan to manage federal land with spotted owl habitat in the Pacific Northwest.
I.
In appeals nos. 95-35052 and 95-35214, Native Forest Council, Forest Conservation Council and Save the West (“the environmental plaintiffs”) appeal the district court’s grant of summary judgment upholding the United States Forest Service and Bureau of Land Management’s (“the federal defendants”) Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within Range of the Northern Spotted Owl (“ROD”), adopted April 13, 1994. The district court’s opinion is published at Seattle Audubon Society v. Lyons, 871 F.Supp. 1291 (W.D.Wash.1994) (“SAS”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment of the district court.
The lengthy procedural history underlying these appeals is discussed at length in, inter alia, Seattle Audubon Soc’y v. Evans, 952 F.2d 297 (9th Cir.1991) and Seattle Audubon Soc’y v. Espy, 998 F.2d 699 (9th Cir.1993). District Judge Dwyer discusses fully the history…