Native Ecosystems Council v. U.S. Forest Service, an agency of U.S. Dept. of Agriculture

418 F.3d 953 NATIVE ECOSYSTEMS COUNCIL; The Ecology Center, Inc., Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, AN AGENCY OF THE U.S. DEPARTMENT OF AGRICULTURE; Thomas Clifford, supervisor, Helena National Forest; Kathleen McAllister, Deputy Regional Forester for Region One U.S. Forest Service; Dale Bosworth, Chief of the United States Forest Service, Defendants-Appellees. No. 04-35375. United States Court of Appeals, Ninth Circuit. Argued February 14, 2005. Submitted and Filed August 11, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the plaintiffs-appellants. Todd S. Aagaard, Michael T. Gray, Department of Justice, Washington, DC, for the defendants-appellees. Appeal from the United States District Court for the District of Montana; Donald W. Molloy, District Judge, Presiding. D.C. No. CV-02-00080-DWM. Before B. FLETCHER, McKEOWN, and GOULD, Circuit Judges. GOULD, Circuit Judge. 1 Native Ecosystems Council and The Ecology Center (collectively referred to as "NEC") appeal the district court's grant of summary judgment to the United States Forest Service ("Forest Service") on NEC's claims in…