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  5. 967 F.Supp. 370 (1997)
 

COUNTY OF ST. LOUIS v. THOMAS

Nos. 5-94-CV-154, 5-95-CV-10.

967 F.Supp. 370 (1997)

COUNTY OF ST. LOUIS, County of Lake, and County of Cook; National Association of Canoe Liveries and Outfitters; Conservationists with Common Sense; Ely Outfitters Association; Grant Marais-Gunflint Trail Outfitters Association; and Harvey G. Solberg, v. Jack Ward THOMAS, as Chief of the United States Forest Service, and Daniel Glickman, as Secretary of Agriculture, and Wilderness Inquiry, Inc.; Friends of the Boundary Waters Wilderness; Wildness Watch; and Sawbill Trail Outfitters Association. FRIENDS OF THE BOUNDARY WATERS WILDERNESS; Wilderness Watch; Sawbill Outfitters, Inc.; The Izaak Walton League of America, Inc.; The Wilderness Society; and Wilderness Inquiry, Inc., v. Jack Ward THOMAS, as Chief of the United States Forest Service, and Daniel Glickman, as Secretary of Agriculture.

United States District Court, D. Minnesota, Fifth Division.

June 16, 1997.

Attorney(s) appearing for the Case

Richard A. Duncan, Brian Boru O'Neill, Elizabeth Hendricks Schmiesing, Faegre & Benson, Minneapolis, MN, for Friends of the Boundary Waters Wilderness, Wilderness Watch, Izaak Walton League of America, The Wilderness Society, Wilderness Inquiry, Inc., Sawbill Trail Outfitters Association.

Friedrich Anson Paul Siekert, U.S. Attorney's Office, Minneapolis, MN, Michelle L. Gilbert, General Litigation, U.S. Department of Justice, Denver, CO, for Jack Ward Thomas, Richard Rominger, Michael Espy.

David Russell Oberstar, Fryberger Buchanan Smith & Frederick, Duluth, MN, for County of St. Louis, County of Lake, National Association of Canoe Liveries and Outfitters, Conservationists with Common Sense, Ely Outfitters Association, Grand Marais Gunflint Trail Outfitters Association, Harvey G. Solberg, Cook County.

ORDER

ROSENBAUM, District Judge.

In August, 1993, the United States Forest Service and the Department of Agriculture (defendants herein) adopted a plan to impose visitor use restrictions in the Boundary Waters Canoe Area ("BWCA"). These restrictions, which reduce the number of individuals entering the BWCA, underlie the present dispute.

This proceeding arises from two consolidated lawsuits. In the first action, plaintiffs are counties in which major...

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