Native Ecosystems Council v. United States Forest Service

428 F.3d 1233 NATIVE ECOSYSTEMS COUNCIL, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; Dwight Chambers, acting supervisor, Helena National Forest; Kathleen McAllister, Acting Regional Forester for Region One U.S. Forest Service; Dale Bosworth, Chief of United States Forest Service, Defendants-Appellees. No. 04-35274. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 14, 2005. Filed November 7, 2005. Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, for the plaintiff-appellant. Elizabeth Ann Peterson, Attorney, Environmental & Natural Resources Division, United States Department of Justice, Washington, D.C., 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-01-00188-DWM. Before B. FLETCHER, McKEOWN, and GOULD, Circuit Judges. OPINION McKEOWN, Circuit Judge. 1 Native Ecosystems Council ("Native Ecosystems") appeals the district court's grant of summary judgment to the United States Forest Service ("Forest Service") in connection with the Forest Service's approval of the Jimtown…