David Herr, et al v. United States Forest Service, et al


OPINION and JUDGMENT filed : REVERSED. Decision for publication. Jeffrey S. Sutton (AUTHORING) and Bernice Bouie Donald (DISSENTING), Circuit Judges; Jack Zouhary, U.S. District Judge for the Northern District of Ohio, sitting by designation.

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Case: 16-2126 Document: 38-3 Filed: 07/26/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 16-2126 DAVID A. HERR; PAMELA F. HERR, Plaintiffs - Appellants, FILED Jul 26, 2017 DEBORAH S. HUNT, Clerk v. UNITED STATES FOREST SERVICE; SONNY PERDUE, Secretary of Agriculture; TOM TIDWELL, Chief of the United States Forest Service; KATHLEEN ATKINSON, Regional Forester for the Eastern Region of the United States Forest Service; LINDA JACKSON, Forest Supervisor, Ottawa National Forest; TONY HOLLAND, District Ranger, Watersmeet - Iron River Ranger Districts, Defendants - Appellees, SWC, LLC; TIMOTHY A. SCHMIDT; FRIENDS OF SYLVANIA; UPPER PENINSULA ENVIRONMENTAL COALITION, Intervenors - Appellees. Before: SUTTON and DONALD, Circuit Judges; ZOUHARY, District Judge. JUDGMENT On Appeal from the United States District Court for the Western District of Michigan at Marquette. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION THEREOF, it is ORDERED that the judgment of the district court is REVERSED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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