Minard Run Oil Company v. US Forest Ser

Opinion

PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Nos. 10-1265 and 10-2332

MINARD RUN OIL COMPANY; PENNSYLVANIA INDEPENDENT OIL AND GAS ASSOCIATION; ALLEGHENY FOREST ALLIANCE;

COUNTY OF WARREN, PENNSYLVANIA

v.

UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture;

TOM TIDWELL, in his official capacity as Chief of the U.S. Forest Service;

KENT P. CONNAUGHTON, in his official capacity as regional Forester for the U.S. Forest Service, Eastern Region;

LEANNE M. MARTEN, in her official capacity as Forest Supervisor for the Allegheny National Forest;

ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA; FOREST SERVICE EMPLOYEES FOR ENVIRONMENTAL ETHICS;

ALLEGHENY DEFENSE PROJECT;

SIERRA CLUB

Forest Service Employees for Environmental Ethics, Allegheny Defense Project, Sierra Club, Appellants

Before: FUENTES, CHAGARES and ROTH, Circuit Judges

ORDER AMENDING OPINION

At the direction of the Court, the opinion filed on September 20, 2011 is amended to delete the statute citation appearing in footnote 3 on page 10 of the opinion as follows:

Drilling in the ANF is regulated by the Pennsylvania Department of Environmental Protection (DEP) and subject to a permit process. A permit is usually obtained before applying for an NTP. As an affected landowner, the

Service has the right to participate in the permit process and challenge the terms of a permit.

For the Court,

Marcia M. Waldron, Clerk

Date: March 7, 2012