OREGON NATURAL RESOURCES COUNCIL, Plaintiff-Appellant,
v.
David MOHLA, in his official capacity as Supervisor, Mt. Hood National Forest, James F. Torrence in his official capacity as Regional Forester, Pacific North-west Region; United States Forest Service, an agency of the United States; and Avison Timber Company, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 17, 1989.
Decided February 7, 1990.
Attorney(s) appearing for the Case
Victor M. Sher, Todd D. True, Corrie J. Yackulic, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiff-appellant Oregon Natural Resources Council.
Donald A. Carr, Acting Asst. Atty. Gen., Charles H. Turner, U.S. Atty., Thomas C. Lee, Asst. U.S. Atty., Portland, Or., Robert L. Klarquist, Martin W. Matzen, Attys., Dept. of Justice, Washington, D.C., Val J. McLam Black, John B. Munson, Attys., Office of Gen. Counsel, U.S. Dept. of Agriculture, Portland, Or., for defendants-appellees David Mohla, James Torrence, and the U.S. Forest Service.
William F. Lenihan, Schwabe, Williamson, Wyatt & Lenihan, Seattle, Wash., Ridgway K. Foley, Jr., P.C., Elizabeth Duncan Ryan, Schwabe, Williamson & Wyatt, Portland, Or., for defendant-appellee Avison Timber Co.
Before GOODWIN, Chief Judge, SCHROEDER and PREGERSON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
GOODWIN, Chief Judge:
This case requires us to resolve an issue we explicitly left open in Portland Audubon Society v. Lujan,884 F.2d 1233 (9th Cir.1989): whether section 314 of Pub.L. No. 100-446, 102 Stat. 1825 (1988) bars a challenge to a Forest Service timber sale which raises environmental concerns in the context of the individual sale.
Alleging a violation of the National Environmental Policy Act (NEPA), 42 U...
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