IDAHO EX REL. KEMPTHORNE v. U.S. FOREST SERVICE

No. 01CV11.

142 F.Supp.2d 1248 (2001)

State of IDAHO, ex rel. Dirk KEMPTHORNE, Governor; Pete T. Cenarrusa, Secretary of State; Alan G. Lance, Attorney General; J.D. Williams, State Controller; Marilyn Howard, Superintendent of Public Instruction, as the State Board of Land Commissioners; and Winston Wiggins, Acting Director, Idaho Department of Lands, and Governor Dirk Kempthorne, in his capacity of Chief Executive of the State of Idaho and President of the Idaho Board of Land Commissioners, Plaintiffs, v. UNITED STATES FOREST SERVICE, and Michael P. Dombeck, Chief 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, and Defenders of Wildlife, Defendant-Intervenors.

United States District Court, D. Idaho.

April 5, 2001.


Attorney(s) appearing for the Case

Steven W Strack, DAG, Matthew J McKeown, Office of Attorney General, Natural Resources Division, David G High, DAG, James D Carlson, Office of Attorney General, Civil Litigation Division, Boise, ID, for Dirk Kempthorne, Pete T Cenarrusa, Alan G Lance, J D Williams, Marilyn Howard, Winston Wiggins, Dirk Kempthorne.

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 Forest Service, US, Michael P Dombeck.

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.

Douglas L Honnold, Timothy J Preso, Sanjay Narayan, Earthjustice Legal Defense Fund, Bozeman, MT, Laurence J Lucas, Law Offices of Laurence J Lucas, Boise, ID, Nathaniel S.W. Lawrence, Natural Resources Defense Council, Olympia, WA, for Defenders of Wildlife.


ORDER

LODGE, District Judge.

Pending before the Court in the above entitled matter is Plaintiffs'1 Motion for Preliminary Injunction. Docket No. 15. 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 areas...

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