United States Ninth Circuit

In a challenge to Defendant Forest Service's approval of timber sales, summary judgment for Defendant is affirmed, where: 1) Defendant met the "best available science" requirement in setting the old growth standard; and 2) the guideline language underlying Plaintiff's claim was not mandatory.

Appellate Information

• Argued 01/20/2009
• Decided 04/17/2009
• Published 04/17/2009

Judges

• Before:  THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas J. Woodbury, Missoula, MT, for the appellant.


• For Appellees:
  
• John T. Stahr (briefed), and Charles R. Scott (argued), U.S. Department of Justice Environment and Natural Resources Division, Washington, D.C., for the appellees.