KOOTENAI TRIBE OF IDAHO v. VENEMAN

No. 01CV10.

142 F.Supp.2d 1231 (2001)

KOOTENAI TRIBE OF IDAHO, Boise County, Idaho, by and through the Boise County Board of Commissioners; Valley County, Idaho by and through the Valley County Board of Commissioners; Idaho State Snowmobile Association; Illinois Association of Snowmobile Clubs; American Council of Snowmobile Association; Little Cattle Company Limited Partnership; Highland Livestock and Land Company; and Boise Cascade Corporation, Plaintiffs, v. Ann VENEMAN, in her official capacity as the Secretary of Agriculture; Daniel Glickman, in his official capacity as the Secretary of Agriculture; Michael Dombeck, in his official capacity as the Chief Forester of the USDA Forest Service; United States Department of Agriculture; and United States Forest Service, Defendants, and Idaho Conservation League, Idaho Rivers United, Sierra Club, the Wilderness Society, Oregon Natural Resources Council, Pacific Rivers Council, Natural Resources Defense Council, Defenders of Wildlife, and Forest Service Employees for Environmental Ethics, Defendant-Intervenors.

United States District Court, D. Idaho.

April 5, 2001.


Attorney(s) appearing for the Case

Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, for Kootenai Tribe of Idaho, Illinois Association of Snowmobile Clubs, Highland Livestock and Land Company.

Theresa L Gardunia, Boise County Prosecuting Attorney, Idaho City, ID, Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, for Boise County.

Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, Richard T Roats, Valley County Prosecuting Attorney, Cascade, ID, for Valley County.

Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, Paul A Turcke, Moore Smith Buxton & Turcke, Boise, ID, for Blueribbon Coalition, Inc., Idaho State Snowmobile Associates, Inc., American Council of Snowmobile Associations.

Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, LeRoy W Wilder, Portland, OR, for Little Cattle Company Limited Partnership.

Jeffrey Daymon Neumeyer, Boise Cascade Corporation, Legal Dept, Boise, ID, Raymond B Ludwiszewski, Peter E Seley, Gibson Dunn & Crutcher, Washington, DC, for Boise Cascade Corporation.

D Marc Haws, AUSA, U.S. Attorney's Office, Boise, ID, for Daniel Glickman.

D Marc Haws, AUSA, U.S. Attorney's Office, Boise, ID, John W Watts, U.S. Dept of Justice, Environment and Natural Resources, General Litigation Section, Andrea L Berlowe, U.S. Dept of Justice, Environment & Natural Resources Division, General Litigation Section, John C Cruden, U.S. Dept of Justice, Environment & Natural Resources Division, Washington, DC, for Michael Dombeck, Department of Agriculture, Forest Service, US.

Douglas L Honnold, Timothy J Preso, Sanjay Narayan, Earthjustice Legal Defense Fund, Bozeman, MT, Nathaniel S.W. Lawrence, Natural Resources Defense Council, Olympia, WA, for Idaho Conservation League, Idaho Rivers United Inc., Sierra Club, Wilderness Society, Oregon Natural Resources Council, Pacific Rivers Council, Natural Resources Defense Council.

Scott W. Reed, Coeur d'Alene, ID, Patrick Parenteau, S Royalton, VT, Forest Service Employees for Environmental Ethics.


ORDER

LODGE, District Judge.

Pending before the Court in the above entitled matter is Plaintiffs'1 Motions for Preliminary Injunction. Docket No. 19, 45-2. Having reviewed all briefing submitted, as well as other pertinent documents in the Court's file, and having heard oral arguments the Court issues the following order.

I. INTRODUCTION AND BACKGROUND

The Forest Service has been studying and evaluating roadless...

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