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AMERICAN WILDLANDS v. BROWNER

No. CIV.A. 98-K-1621.

94 F.Supp.2d 1150 (2000)

AMERICAN WILDLANDS, Pacific Rivers Council, Montana Environmental Information Center, and Northern Plains Resource Council, Inc., Plaintiffs, v. Carol BROWNER, in her official capacity as the Administrator of the U.S. Environmental Protection Agency, Bill Yellowtail, in his official capacity as the Regional Administrator of the U.S. Environmental Protection Agency, Region VIII; and U.S. Environmental Protection Agency, an agency of the United States Government, Defendants, Western Environmental Trade Association, on behalf of its members; State of Montana, Department of Environmental Quality, Intervenor-Defendants.

United States District Court, D. Colorado.

April 28, 2000.

Attorney(s) appearing for the Case

Robert Baxter Wiygul, Earthjustice Legal Defense Fund, Inc., Denver, Douglas L. Honnold, James S. Angell, Earthjustice Legal Defense Fund, Bozeman, MT, Stephen D. Mashuda, Kristen L. Boyles, Earthjustice Legal Defense Fund, Seattle, WA, for plaintiffs.

David A. Carson, U.S. Department of Justice, Environment & Natural Resources Division, Denver, for defendants.

James B. Lippert, Rebecca Wunder Thomson, Gough, Shanahan, Johnson & Waterman, John Eric Bloomquist, Doney, Crowley & Bloomquist, PC, Claudia Leah Massman, Montana Dept. of Environmental Quality, Helena, MT, for Western Environmental Trade Association, intervenor-defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

I. Introduction.

Plaintiffs, American Wildlands, Pacific Rivers Council, Montana Environmental Information Center, and Northern Plains Resource Council (collectively "American Wildlands") filed this action for declaratory and injunctive relief against Defendants, Carol Browner, in her official capacity as the Administrator of the U.S. Environmental Protection Agency; Bill Yellowtail...

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