sierra
club
morton
argued
november
decided
april
petitioner
membership
corporation
special
interest
conservation
sound
maintenance
national
parks
game
refuges
forests
country
brought
suit
declaratory
judgment
injunction
restrain
federal
officials
approving
extensive
skiing
development
mineral
king
valley
sequoia
national
forest
petitioner
relies
administrative
procedure
act
accords
judicial
review
person
suffering
legal
wrong
agency
action
adversely
affected
aggrieved
agency
action
within
meaning
relevant
statute
theory
public
action
involving
questions
use
natural
resources
petitioner
allege
challenged
development
affect
club
members
activities
used
mineral
king
maintained
project
adversely
change
area
aesthetics
ecology
district
granted
preliminary
injunction
appeals
reversed
holding
club
lacked
standing
shown
irreparable
injury
held
person
standing
seek
judicial
review
administrative
procedure
act
show
suffered
suffer
injury
whether
economic
otherwise
case
petitioner
asserted
individualized
harm
members
lacked
standing
maintain
action
pp
affirmed
stewart
delivered
opinion
burger
white
marshall
joined
douglas
post
brennan
post
blackmun
post
filed
dissenting
opinions
powell
rehnquist
took
part
consideration
decision
case
leland
selna
argued
cause
petitioner
briefs
matthew
mitchell
solicitor
general
griswold
argued
cause
respondents
brief
assistant
attorney
general
kashiwa
deputy
assistant
attorney
general
kiechel
william
terry
bray
edmund
clark
jacques
gelin
briefs
amici
curiae
urging
reversal
filed
anthony
lapham
edward
lee
rogers
environmental
defense
fund
george
alexander
marcel
poche
national
environmental
law
society
bruce
terris
james
moorman
wilderness
society
et
al
briefs
amici
curiae
urging
affirmance
filed
lewis
reid
calvin
baldwin
county
tulare
robert
keck
american
national
cattlemen
assn
et
al
donald
allen
far
west
ski
assn
et
al
justice
stewart
delivered
opinion
mineral
king
valley
area
great
natural
beauty
nestled
sierra
nevada
mountains
tulare
county
california
adjacent
sequoia
national
park
part
sequoia
national
forest
since
designated
national
game
refuge
special
act
congress
though
site
extensive
mining
activity
mineral
king
used
almost
exclusively
recreational
purposes
relative
inaccessibility
lack
development
limited
number
visitors
year
time
preserved
valley
quality
quasiwilderness
area
largely
uncluttered
products
civilization
forest
service
entrusted
maintenance
administration
national
forests
began
late
give
consideration
mineral
king
potential
site
recreational
development
prodded
rapidly
increasing
demand
skiing
facilities
forest
service
published
prospectus
inviting
bids
private
developers
construction
operation
ski
resort
also
serve
summer
recreation
area
proposal
walt
disney
enterprises
chosen
six
bidders
disney
received
permit
conduct
surveys
explorations
valley
connection
preparation
complete
master
plan
resort
final
disney
plan
approved
forest
service
january
outlines
million
complex
motels
restaurants
swimming
pools
parking
lots
structures
designed
accommodate
visitors
daily
complex
constructed
acres
valley
floor
use
permit
forest
service
facilities
including
ski
lifts
ski
trails
railway
utility
installations
constructed
mountain
slopes
parts
valley
revocable
permit
provide
access
resort
state
california
proposes
construct
highway
miles
length
section
road
traverse
sequoia
national
park
proposed
power
line
needed
provide
electricity
resort
highway
power
line
require
approval
department
interior
entrusted
preservation
maintenance
national
parks
representatives
sierra
club
favor
maintaining
mineral
king
largely
present
state
followed
progress
recreational
planning
valley
close
attention
increasing
dismay
unsuccessfully
sought
public
hearing
proposed
development
subsequent
correspondence
officials
forest
service
department
interior
expressed
club
objections
disney
plan
whole
particular
features
included
june
club
filed
present
suit
district
northern
district
california
seeking
declaratory
judgment
various
aspects
proposed
development
contravene
federal
laws
regulations
governing
preservation
national
parks
forests
game
refuges
also
seeking
preliminary
permanent
injunctions
restraining
federal
officials
involved
granting
approval
issuing
permits
connection
mineral
king
project
petitioner
sierra
club
sued
membership
corporation
special
interest
conservation
sound
maintenance
national
parks
game
refuges
forests
country
invoked
provisions
administrative
procedure
act
et
seq
two
days
hearings
district
granted
requested
preliminary
injunction
rejected
respondents
challenge
sierra
club
standing
sue
determined
hearing
raised
questions
concerning
possible
excess
statutory
authority
sufficiently
substantial
serious
justify
preliminary
injunction
respondents
appealed
appeals
ninth
circuit
reversed
respect
petitioner
standing
noted
allegation
complaint
members
sierra
club
affected
actions
respondents
fact
actions
personally
displeasing
distasteful
concluded
believe
club
concern
without
showing
direct
interest
constitute
standing
legal
sense
sufficient
challenge
exercise
responsibilities
behalf
citizens
two
cabinet
level
officials
government
acting
congressional
constitutional
authority
ii
first
question
presented
whether
sierra
club
alleged
facts
entitle
obtain
judicial
review
challenged
action
whether
party
sufficient
stake
otherwise
justiciable
controversy
obtain
judicial
resolution
controversy
traditionally
referred
question
standing
sue
party
rely
specific
statute
authorizing
invocation
judicial
process
question
standing
depends
upon
whether
party
alleged
personal
stake
outcome
controversy
baker
carr
ensure
dispute
sought
adjudicated
presented
adversary
context
form
historically
viewed
capable
judicial
resolution
flast
cohen
however
congress
authorized
public
officials
perform
certain
functions
according
law
provided
statute
judicial
review
actions
certain
circumstances
inquiry
standing
must
begin
determination
whether
statute
question
authorizes
review
behest
plaintiff
sierra
club
relies
upon
administrative
procedure
act
apa
provides
person
suffering
legal
wrong
agency
action
adversely
affected
aggrieved
agency
action
within
meaning
relevant
statute
entitled
judicial
review
thereof
data
processing
injury
claimed
petitioners
consisted
harm
competitive
position
market
ruling
comptroller
currency
national
banks
might
perform
services
customers
barlow
petitioners
tenant
farmers
claimed
certain
regulations
secretary
agriculture
adversely
affected
economic
position
landlords
palpable
economic
injuries
long
recognized
sufficient
lay
basis
standing
without
specific
statutory
provision
judicial
review
thus
neither
data
processing
barlow
addressed
question
arisen
increasing
frequency
federal
courts
recent
years
must
alleged
persons
claim
injury
noneconomic
nature
interests
widely
shared
question
presented
case
iii
injury
alleged
sierra
club
incurred
entirely
reason
change
uses
mineral
king
put
attendant
change
aesthetics
ecology
area
thus
referring
road
built
sequoia
national
park
complaint
alleged
development
destroy
otherwise
adversely
affect
scenery
natural
historic
objects
wildlife
park
impair
enjoyment
park
future
generations
question
type
harm
may
amount
injury
fact
sufficient
lay
basis
standing
apa
aesthetic
environmental
like
economic
important
ingredients
quality
life
society
fact
particular
environmental
interests
shared
many
rather
make
less
deserving
legal
protection
judicial
process
injury
fact
test
requires
injury
cognizable
interest
requires
party
seeking
review
among
injured
impact
proposed
changes
environment
mineral
king
fall
indiscriminately
upon
every
citizen
alleged
injury
felt
directly
use
mineral
king
sequoia
national
park
aesthetic
recreational
values
area
lessened
highway
ski
resort
sierra
club
failed
allege
members
affected
activities
pastimes
disney
development
nowhere
pleadings
affidavits
club
state
members
use
mineral
king
purpose
much
less
use
way
significantly
affected
proposed
actions
respondents
club
apparently
regarded
allegations
individualized
injury
superfluous
theory
public
action
involving
questions
use
natural
resources
club
longstanding
concern
expertise
matters
sufficient
give
standing
representative
public
theory
reflects
misunderstanding
cases
involving
public
actions
area
administrative
law
origin
theory
advanced
sierra
club
may
traced
dictum
radio
fcc
licensee
radio
station
cincinnati
ohio
sought
stay
order
fcc
allowing
another
radio
station
nearby
city
change
frequency
increase
range
discussing
power
grant
stay
noted
private
litigants
standing
representatives
public
interest
observation
describe
basis
upon
appellant
allowed
obtain
judicial
review
person
aggrieved
within
meaning
statute
involved
case
since
clearly
aggrieved
reason
economic
injury
suffer
result
commission
action
statement
rather
directed
theory
upon
congress
authorized
judicial
review
commission
actions
theory
described
earlier
fcc
sanders
radio
station
follows
congress
purpose
enacting
may
opinion
one
likely
financially
injured
issue
license
person
sufficient
interest
bring
attention
appellate
errors
law
action
commission
granting
license
within
power
congress
confer
standing
prosecute
appeal
trend
cases
arising
apa
statutes
authorizing
judicial
review
federal
agency
action
toward
recognizing
injuries
economic
harm
sufficient
bring
person
within
meaning
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toward
discarding
notion
injury
widely
shared
ipso
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injury
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provide
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judicial
review
noted
development
approval
data
processing
saying
interest
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may
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aesthetic
conservational
recreational
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values
broadening
categories
injury
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support
standing
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abandoning
requirement
party
seeking
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must
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injury
courts
indicated
willingness
take
latter
step
conferring
standing
upon
organizations
demonstrated
organizational
interest
problem
environmental
consumer
protection
environmental
defense
fund
hardin
app
clear
organization
whose
members
injured
may
represent
members
proceeding
judicial
review
see
naacp
button
mere
interest
problem
matter
longstanding
interest
matter
qualified
organization
evaluating
problem
sufficient
render
organization
adversely
affected
aggrieved
within
meaning
apa
sierra
club
large
organization
historic
commitment
cause
protecting
nation
natural
heritage
man
depredations
special
interest
subject
enough
entitle
sierra
club
commence
litigation
appear
objective
basis
upon
disallow
suit
bona
fide
special
interest
organization
however
small
group
bona
fide
special
interest
initiate
litigation
difficult
perceive
individual
citizen
bona
fide
special
interest
also
entitled
requirement
party
seeking
review
must
allege
facts
showing
adversely
affected
insulate
executive
action
judicial
review
prevent
public
interests
protected
judicial
process
serve
least
rough
attempt
put
decision
whether
review
sought
hands
direct
stake
outcome
goal
undermined
construe
apa
authorize
judicial
review
behest
organizations
individuals
seek
vindicate
value
preferences
judicial
process
principle
sierra
club
us
establish
case
conclude
appeals
correct
holding
sierra
club
lacked
standing
maintain
action
reach
questions
presented
petition
intimate
view
merits
complaint
judgment
affirmed
footnotes
analyzed
district
complaint
alleged
violations
law
falling
four
categories
first
claimed
permit
construction
resort
exceeded
limitation
placed
upon
permits
issuance
revocable
use
permit
beyond
authority
forest
service
second
challenged
proposed
permit
highway
sequoia
national
park
grounds
highway
serve
purposes
park
alleged
violation
destroy
timber
natural
resources
protected
third
claimed
forest
service
department
interior
violated
regulations
failing
hold
adequate
public
hearings
proposed
project
finally
complaint
asserted
requires
specific
congressional
authorization
permit
construction
power
transmission
line
within
limits
national
park
congress
may
confer
jurisdiction
art
iii
federal
courts
render
advisory
opinions
muskrat
entertain
friendly
suits
johnson
resolve
political
questions
luther
borden
suits
character
inconsistent
judicial
function
art
iii
dispute
otherwise
justiciable
question
whether
litigant
proper
party
request
adjudication
particular
issue
flast
cohen
one
within
power
congress
determine
cf
fcc
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see
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expressed
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also
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citizens
preserve
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park
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alleged
organizational
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represented
members
residents
memphis
tennessee
use
overton
park
park
land
recreation
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active
since
efforts
preserve
protect
overton
park
park
land
recreation
area
reference
pleadings
sierra
club
interest
dispute
contained
paragraph
complaint
reads
entirely
follows
plaintiff
sierra
club
corporation
organized
operating
laws
state
california
principal
place
business
san
francisco
california
since
membership
club
approximately
nationally
approximately
members
residing
san
francisco
bay
area
many
years
sierra
club
activities
conduct
exhibited
special
interest
conservation
sound
maintenance
national
parks
game
refuges
forests
country
regularly
serving
responsible
representative
persons
similarly
interested
one
principal
purposes
sierra
club
protect
conserve
national
resources
sierra
nevada
mountains
interests
vitally
affected
acts
hereinafter
described
aggrieved
acts
defendants
hereinafter
fully
appears
approach
question
standing
adopted
appeals
second
circuit
citizens
committee
hudson
valley
volpe
hold
therefore
public
interest
environmental
resources
interest
created
statutes
affecting
issuance
permit
legally
protected
interest
affording
plaintiffs
responsible
representatives
public
standing
obtain
judicial
review
agency
action
alleged
contravention
public
interest
statute
involved
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act
stat
much
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citation
fcc
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station
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station
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initiate
review
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assert
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third
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discussed
davis
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treatise
see
environmental
defense
fund
hardin
app
interest
health
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agriculture
refusing
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ewing
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sierra
club
government
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heads
win
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lose
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either
courthouse
door
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private
unique
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schoolboy
may
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behest
partisan
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intimately
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share
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stone
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toward
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legal
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found
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purposes
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sole
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ride
cases
ordinary
corporation
person
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processes
whether
represents
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respects
valleys
alpine
meadows
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lakes
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even
air
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pressures
modern
technology
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fisher
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elk
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man
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whether
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able
speak
values
river
represents
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know
mineral
king
never
seen
traveled
though
seen
articles
describing
proposed
development
notably
hano
protectionists
recreationists
battle
mineral
king
times
browning
mickey
mouse
mountains
harper
march
sierra
club
complaint
alleges
ne
principal
purposes
sierra
club
protect
conserve
national
resources
sierra
nevada
mountains
district
held
uncontested
allegation
made
sierra
club
sufficiently
aggrieved
standing
sue
behalf
mineral
king
mineral
king
doubtless
like
wonders
sierra
nevada
tuolumne
meadows
john
muir
trail
hike
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general
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forests
see
christian
science
monitor
western
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frome
cautions
national
forests
fragile
deteriorate
rapidly
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use
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alone
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growth
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landscape
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california
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tons
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service
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budget
annually
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groups
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appointed
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public
members
may
committees
rarely
asked
serve
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lee
metcalf
warns
industry
advisory
committees
exist
inside
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agencies
even
offices
legally
function
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practice
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office
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order
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vested
oracles
industry
regulates
government
washington
monthly
july
proceedings
conducted
senator
metcalf
exposing
relationships
see
hearings
subcommittee
intergovernmental
relations
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committee
government
operations
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operations
sess
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spun
administrative
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depend
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upon
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committees
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reform
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food
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food
drug
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passim
massel
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process
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contemp
prob
landis
report
regulatory
agencies
forest
reserve
act
stat
imposed
upon
secretary
interior
duty
preserve
national
forests
destruction
regulating
occupancy
use
duties
powers
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forest
service
created
within
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act
stat
phrase
occupancy
use
cornerstone
concept
multiple
use
national
forests
policy
uses
logging
also
taken
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national
forests
policy
made
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act
stat
provides
competing
considerations
include
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recreation
range
timber
watershed
wildlife
fish
purposes
forest
service
influenced
powerful
logging
interests
however
paid
lip
service
mandate
auctioned
away
millions
timberland
acres
without
considering
environmental
conservational
interests
importance
national
forests
construction
logging
industries
results
type
lumber
grown
therein
well
suited
builders
needs
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acreage
produces
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fir
structural
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maturity
timber
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forest
service
harvest
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expected
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cuts
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board
feet
billion
forestry
professionals
challenge
service
explanation
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increase
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management
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exaggerated
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service
times
recent
rises
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prices
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round
industry
pressure
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federally
owned
timber
see
wagner
resources
conservationists
head
new
battle
government
timber
national
aside
issue
much
timber
cut
annually
another
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question
lumber
harvested
despite
much
criticism
forest
service
adhered
policy
permitting
logging
companies
clearcut
tracts
auctioned
acreage
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analogous
strip
mining
indiscriminate
complete
shaving
earth
trees
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size
age
often
across
hundreds
contiguous
acres
clearcutting
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gale
mcgee
leading
antagonist
forest
service
policy
complains
forest
service
management
policies
wreaking
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environment
soil
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basic
practice
times
adds
wyoming
forest
service
much
nursemaid
lumber
industry
hearings
management
practices
public
lands
subcommittee
public
lands
senate
committee
interior
insular
affairs
pt
senator
jennings
randolph
offers
similar
criticism
leveling
lumber
companies
large
portions
monongahela
national
forest
west
virginia
see
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cong
rec
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national
forest
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service
management
bitterroot
national
forest
montana
senator
lee
metcalf
recently
asked
forestry
professionals
university
montana
study
local
harvesting
practices
faculty
group
concluded
public
dissatisfaction
arisen
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service
overriding
concern
sawtimber
production
insensitivity
related
forest
uses
public
interest
environmental
values
doc
see
also
behan
timber
mining
accusation
prospect
american
forests
additional
comments
faculty
participant
reich
public
nation
forests
rev
former
secretary
interior
walter
hickel
similarly
faulted
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practice
large
lumber
corporations
hickel
owns
america
see
also
risser
forest
service
smokey
strip
miners
washington
monthly
least
one
forest
service
study
team
shares
criticisms
clearcutting
dept
agriculture
forest
management
wyoming
see
also
public
land
law
review
report
president
congress
chapman
effects
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upon
fish
resources
west
coast
forestry
third
category
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results
service
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lumber
companies
regularly
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fully
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budgets
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resources
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lands
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science
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determine
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spessart
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cranston
introduced
bill
establish
pupfish
national
monument
honor
pupfish
one
inch
long
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man
sess
small
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frome
said
still
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senator
cranston
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symbolize
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god
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assay
new
ground
crucial
future
mineral
king
raise
important
ramifications
quality
country
public
land
management
pose
propriety
dual
permit
device
means
avoiding
recreation
resort
limitation
imposed
congress
issue
apparently
never
litigated
clearly
substantial
light
congressional
expansion
limitation
arguably
put
teeth
old
unrealistic
limitation
fact
concern
propriety
permit
consistency
entire
enormous
development
statutory
purposes
sequoia
game
refuge
valley
part
context
particular
development
substantial
questions
raised
use
national
park
area
disney
purposes
new
high
speed
road
power
line
serve
complex
lack
compliance
existing
administrative
regulations
also
charged
issues
shallow
perfunctory
alternatively
permit
imaginative
expansion
traditional
concepts
standing
order
enable
organization
sierra
club
possessed
pertinent
bona
fide
attributes
purposes
area
environment
litigate
environmental
issues
incursion
upon
tradition
need
extensive
certainly
cause
alarm
progressive
decision
data
processing
need
recognize
interest
one
provable
sincere
dedicated
established
status
need
fear
pandora
box
opened
limit
number
desire
participate
environmental
litigation
courts
exercise
appropriate
restraints
exercised
past
suspected
years
ago
concepts
standing
enunciated
data
processing
barlow
measure
today
justice
douglas
eloquent
opinion
imaginatively
suggested
another
means
one
way
obvious
appropriate
limitations
standing
read
written
makes
one
addition
customary
criteria
existence
genuine
dispute
assurance
adversariness
conviction
party
whose
standing
challenged
adequately
represent
interests
asserts
litigant
one
speaks
knowingly
environmental
values
asserts
make
two
passing
references
first
relates
disney
figures
presented
us
complex
notes
accommodate
visitors
day
overnight
employees
restaurants
ski
lifts
state
california
proposed
build
new
road
hammond
mineral
king
road
extent
miles
traverse
sequoia
national
park
two
lanes
occasional
passing
areas
capable
said
accommodating
vehicles
per
hour
peak
per
hour
told
state
agreed
seek
improvement
road
access
park
assume
daily
visitors
come
automobile
rather
helicopter
bus
known
unknown
means
visiting
automobile
carries
four
passengers
assumption
sure
far
optimistic
visitors
move
vehicles
confine
movement
think
properly
may
mountain
area
hours
daily
automobiles
pass
given
point
road
rate
per
hour
amounts
five
vehicles
per
minute
average
one
every
seconds
frequency
increased
one
every
six
seconds
necessary
return
traffic
along
road
considered
include
service
vehicles
employees
cars
way
perpetuate
wilderness
beauty
solitude
quiet
second
relates
fairly
obvious
fact
resident
mineral
king
area
real
user
unlikely
adversary
project
naturally
inclined
regard
situation
one
benefit
economically
fishing
camping
guiding
handyman
general
outdoor
prowess
perhaps
find
early
ready
market
among
visitors
glow
anticipation
best
true
lover
wilderness
likely
near
mineral
king
first
place
long
yearns
good
old
days
masses
people
influx
per
day
thus
far
uncontrollable
waste
unknown
mineral
king
need
indication
proof
means
area
longer
one
great
natural
beauty
one
uncluttered
products
civilization
rendered
helpless
consider
evaluate
allegations
challenges
kind
procedural
limitations
rooted
traditional
concepts
standing
suspect
may
result
today
holding
points
ante
federal
tribunals
felt
confined
join
progressive
holdings
chooses
conclude
opinion
reference
de
tocqueville
environmental
context
personally
prefer
older
particularly
pertinent
observation
warning
john
donne
environmental
defense
fund
hardin
app
citizens
committee
hudson
valley
volpe
cert
denied
scenic
hudson
preservation
conf
fpc
izaak
walton
league
clair
supp
environmental
defense
fund
corps
engineers
supp
dc
environmental
defense
fund
corps
engineers
supp
ed
ark
sierra
club
hardin
supp
alaska
upper
pecos
assn
stans
supp
mex
cape
may
county
chapter
izaak
walton
league
macchia
supp
see
national
automatic
laundry
cleaning
council
shultz
app
west
virginia
highlands
conservancy
island
creek
coal
environmental
defense
fund
hew
app
honchok
hardin
supp
md
man
iland
intire
itselfe
every
man
peece
continent
part
maine
clod
bee
washed
away
sea
europe
lesse
well
promontorie
well
mannor
thy
friends
thine
owne
man
death
diminishes
involved
mankinde
therefore
never
send
know
bell
tolls
tolls
thee
devotions
xvii