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Headwaters, Inc. v. U.S. Forest Serv.

Citation: 35 ELR 20051
No. No. 01-35898, (9th Cir., 02/23/2005) Vacated; rev'd & remanded

The Ninth Circuit vacated its earlier decision in which it affirmed a lower court's dismissal of an environmental group's National Environmental Policy Act and National Forest Management Act challenges to U.S. timber sales on res judicata grounds, and reversed and remanded the case for full consideration of the preclusion question. Pertinent facts necessary to make a privity determination were not investigated by the district court.

[Prior decisions in this litigation are published at 34 ELR 20094 and 32 ELR 20046.]