United States Federal Circuit

In a dispute arising over the suspension of timber contracts to protect the marbled murrelet bird, five of the contracts at issue do not grant the Forest Service suspension authority, and the trial court's summary judgment that those contracts granted suspension authority is reversed.

Appellate Information

• Decided 06/26/2003
• Published 06/26/2003

Judges

• RADER, Circuit Judge., Before RADER, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan I. Saltman,Saltman & Stevens, P.C., of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Ruth G. Tiger and Richard W. Goeken.


• For Appellees:
  
• John S. Groat, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  Kathryn A. Bleecker, Assistant Director;  Laurie Ristino, Office of General Counsel, Department of Agriculture, of Washington, DC;  and Susan V. Cook, Senior Attorney, Environmental and Natural Resources Division, Department of Justice, of Washington, DC.