Alexander

MEMORANDUM *

Plaintiff environmental groups Idaho Sporting Congress, Inc. and the Ecology Center appeal the district court’s disposition of their suit against the United States Forest Service challenging five timber sales on national forest land in Idaho. They assert that the Forest Service violated the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600 et seq., and the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., when it approved these five sales in Payette National Forest. 1 The district court dismissed with prejudice counts one, two and three of plaintiffs’ complaint and entered summary judgment in favor of the plaintiffs on counts four and five, which alleged that the NEPA documentation for all five sales was insufficient. A permanent injunction was entered barring activities on any of the sales pending new NEPA documentation.

The plaintiffs raise two claims of error: (1) that the district court erred in dismiss *791 ing counts one and two with prejudice; and (2) that the district court erred in granting plaintiffs summary judgment on counts four and five without also granting them declaratory relief supporting that judgment.

1. Counts one…

Because this case is moot as to the Filly Creek and West Pine Skyline timber sales for the reasons stated in my partial dissent in Neighbors of Cuddy v. Alexander, No. 01-35184, — F.3d — (9th Cir.2002) (Thompson, J. dissenting), I dissent from the majority decision and judgment regarding these two timber sales. I concur in the remainder of the decision and judgment.