Glickman

Appellants Western Radio Services, Co., Inc. (“Western”), an operator of telecommunications facilities in various national forests in Oregon, and Richard L. Oberdorfer, president of Western, but suing in his individual capacity, appeal the dismissal 1 of their action under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 , and the National Forest Management Act (“NFMA”), 16 U.S.C. § 497 . Appellants sought to enjoin the United States Forest Service (“Service”) from permitting Slater Communications & Electronics, Inc., (“Slater”) to construct a telecommunications facility on Gray Butte in the Crooked River National Grassland in the Ochoco National Forest. The district court held that most of Appellants’ claims were barred by res judicata because their claims arose out of the same set of facts that were litigated in Western Radio Serv. Co., v. Espy, 79 F.3d 896 (9th Cir.) (Western Radio I), cert. denied, — U.S. —, 117 S.Ct. 80 , 136 L.Ed.2d 38 (1996), or were unripe (the challenge against a proposed road construction project). We have jurisdiction under 28 U.S.C. § 1291 . We affirm its judgment.

*1191 I. BACKGROUND

A. Western Radio I

Western and Slater have…