Center For Biological Diversity v. United States Forest Service

349 F.3d 1157 CENTER FOR BIOLOGICAL DIVERSITY, a non-profit organization; Sierra Club, a non-profit corporation, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, a Federal agency; Eleanor Towns, in her capacity as Regional Forester, Region 3, U.S. Forest Service; Dale Bosworth, in his official capacity as the Chief of the United States Forest Service, Defendants-Appellees. No. 02-16481. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 15, 2003. Filed November 18, 2003. COPYRIGHT MATERIAL OMITTED Michael R. Lozeau, Karli E. Sager, Deborah A. Sivas, Earthjustice, Stanford, CA; Howard M. Shanker, Phoenix, AZ, for the plaintiffs-appellants. Kelly A. Johnson, Acting Assistant Attorney General; Ellen J. Durkee, Andrew A. Smith, Susan Pacholski, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for the defendants-appellees. Appeal from the United States District Court for the District of Arizona; Robert C. Broomfield, District Judge, Presiding. D.C. No. CV-00-01711-RCB. Before: KLEINFELD, WARDLAW, Circuit Judges, and POGUE, Judge. * OPINION POGUE, Judge: 1 Appellants challenge the district court's…