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MONTANA WILDERNESS ASS'N v. U.S. FOREST SERVICE

No. CV 96-152-M-DWM.

146 F.Supp.2d 1118 (2001)

MONTANA WILDERNESS ASSOCIATION INC., Friends of the Bitterroot, Inc., and American Wildlands, Inc., Plaintiffs, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture, Hal Salwasser, Regional Forester for Region One, U.S. Forest Service, Jack Ward Thomas, Chief, U.S. Forest Service, Defendants, and Blue Ribbon Coalition, Inc.; Montana Snowmobile Association; Montana 4X4 Association; High Country Trail Vehicle Riders Association; Rimrock 4X4, Inc.; Montana High Country Tours; Bitterroot Adventures; and Sneed's Cycle and Sled, Defendant-Intervenors, and Middlefork Property Owners Association, Defendant-Intervenor.

United States District Court, D. Montana, Missoula Division.

May 21, 2001.

Attorney(s) appearing for the Case

Jack R. Tuholske, Attorney at Law, Missoula, MT, for Montana Wilderness Association, Inc., Friends of the Bitterroot, Inc., American Wildlands, Inc., plaintiffs.

Deanne L. Sandholm, Office of the U.S. Attorney, Helena, MT, for United States Forest Service, an agency of the U.S. Department of Agriculture, Dan Glickman, Secretary of the U.S. Department of Agriculture, Hal Salwasser, Regional Forester for Region One, U.S. Forest Service, Jack Ward Thomas, Chief, U.S. Forest Service, defendants.

ORDER

MOLLOY, Chief Judge.

I. Introduction

The question in this case concerns the Forest Service's duties under the Montana Wilderness Study Act of 1977. The question arises because the Congress acted with the express intention of further legislating, an intention that has not reached fruition for a myriad of reasons.

The 1977 Act created several Wilderness Study Areas in Montana involving...

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