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WILDERNESS SOCIETY v. DOMBECK

No. 97-35954.

168 F.3d 367 (1999)

THE WILDERNESS SOCIETY, and Great Bear Foundation, non-profit corporations, Plaintiffs-Appellants, v. Michael DOMBECK, in his official capacity as Chief, United States Forest Service; David F. Jolly, in his official capacity as Regional Forester, Northern Region; Robert L. Schrenk, in his official capacity as Supervisor, Kootenai National Forest; United States Forest Service, an agency of the United States; and Noranda Minerals Corp., a Delaware Corporation and wholly-owned subsidiary of Noranda, Inc., a Canadian corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Todd D. True, Earthjustice Legal Defense Fund, Seattle, Washington, for the plaintiffs-appellants.

Andrew C. Mergen, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C., for defendants-appellees Michael Dombeck, David F. Jolly, Robert L. Schrenk, and United States Forest Service.

David A. Bailey, Parcel, Mauro & Spaanstra, Denver, Colorado, for defendant-appellee Noranda Minerals Corp.

Before: CANBY, and GRABER, Circuit Judges, and GEORGE, District Judge.

GEORGE, District Judge:

This case involves a challenge to the validity of two Noranda Minerals Corp. ("Noranda") mining claims in the Montanore Deposit situated within the Cabinet Mountains Wilderness Area in northwestern Montana. The Wilderness Area is within the Kaniksu National Forest, but is administered by the Cabinet Ranger District of the Kootenai National Forest. In 1971, Pacific Coast Mines, Inc., Noranda's predecessor-in-interest and a wholly owned subsidiary...

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