United States Ninth Circuit

A judgment finding that certain of the Bureau of Land Management's annual species review decisions regarding the red tree vole were lawful and that certain timber sales were valid and should be permitted to go forward is reversed and the timber sales are enjoined from going forward where: 1) the decisions regarding the red tree vole were invalid under both the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA); and 2) the timber sales violate federal law since they rely on the unlawful decisions.

Appellate Information

• Argued 10/16/2006
• Decided 11/06/2006
• Published 11/06/2006

Judges

• D.W. NELSON, Senior Circuit Judge., Before DOROTHY W. NELSON, DAVID R. THOMPSON, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephanie M. Parent, Pacific Environmental Advocacy Center, Portland, Oregon, and Erin Madden, Portland, Oregon, briefed for the appellants.   Ms. Parent argued for the appellants.


• For Appellees:
  
• Brian Perron, U.S. Department of the Interior, Portland, Oregon, Sue Ellen Wooldridge, Lisa E. Jones, Brian C. Toth, and Anna T. Katselas, U.S. Department of Justice, Washington, D.C., briefed for the government appellees.  David C. Shilton, U.S. Department of Justice, Washington, D.C., argued for the government appellees., Scott W. Horngren and Shay S. Scott, Haglund, Kelley, Horngren, Jones & Wilder LLP, Portland, Oregon, briefed for the intervenor-appellee.   Mr. Scott argued for the intervenor-appellee.