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

Filing

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.

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