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BLUE MOUNTAINS BIODIVERSITY PROJECT v. PENCE

No. Civ. 98-22-FR.

22 F.Supp.2d 1136 (1998)

BLUE MOUNTAINS BIODIVERSITY PROJECT; and Oregon Natural Resources Council, Plaintiffs, v. F. Carl PENCE, in his official capacity as Supervisor, Malheur National Forest; and United States Forest Service, an agency of the United States Department of Agriculture, Defendants, and Malheur Lumber Company, an assumed business name of Ochoco Lumber Co., an Oregon limited partnership; Malheur Timber Operators, an Oregon nonprofit corporation; and Northwest Forest Resources Council, an Oregon nonprofit corporation, Intervenor-Defendants.

United States District Court, D. Oregon.

September 21, 1998.

Attorney(s) appearing for the Case

Jack K. Sterne, Camp Sherman, OR, for plaintiffs.

Kristine Olson, United States Attorney, Thomas C. Lee, Assistant United States Attorney, Portland, Oregon, Jeffrey K. Handy, Special Assistant United States Attorney, Office of General Counsel, USDA, Portland, Oregon, for federal defendants.

Scott W. Horngren, Julie A. Weis, Haglund & Kirtley LLP, Portland, Oregon, for defendant-intervenors.

OPINION

FRYE, District Judge.

The matters before the court are 1) the plaintiffs' motion for summary judgment (# 45); 2) the defendant-intervenors' motion for summary judgment (# 52); and 3) the federal defendants' motion for summary judgment (# 57).

BACKGROUND

On January 7, 1998, the plaintiffs, Blue Mountains Biodiversity Project and Oregon Natural Resources Council, filed this action against the defendants, F. Carl Pence, in his official...

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