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033267P.pdf   08/25/2004  Heartwood  v.  US Forest Service
   U.S. Court of Appeals Case No:  03-3267
   Eastern District of Missouri   
   Civil Case - National Environmental Policy Act. District court's grant 
   of summary judgment to U.S. Forest Service and Fish and Wildlife 
   Service over challenge to decision to approve harvesting timber in Mark 
   Twain National Forest is affirmed. Agency's decision that project did not 
   have significant impact on Indiana bat was not arbitrary or capricious and 
   thus not a violation of NEPA. The administrative record supports the 
   conclusions of the USFS and FWS that they did not act arbitrarily and 
   capriciously in determining the project would not jeopardize the Indiana 
   bat species. [PUBLISHED] [M.Arnold, Author, with Beam and Melloy, 
   Circuit Judges]