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ROCK CREEK ALLIANCE v. U.S. FISH & WILDLIFE SERVICE

No. CV 01-152-M-DWM.

390 F.Supp.2d 993 (2005)

ROCK CREEK ALLIANCE, Cabinet Resource Group, Sierra Club, Trout Unlimited, Idaho Council of Trout Unlimited, Mineral Policy Center, Pacific Rivers Council, and Alliance for the Wild Rockies, Plaintiffs, v. UNITED STATES FISH & WILDLIFE SERVICE, Defendant, and Revett Silver Company, Intervenor.

United States District Court, D. Montana.

March 28, 2005.

Attorney(s) appearing for the Case

Todd D. True, Seattle, WA, Douglas L. Honnold, Stephen D. Mashuda, Timothy J. Preso, Bozeman, MT, for Plaintiffs.

William W. Mercer, Billings, MT, Timothy J. Racicot, Ruth Ann Lowery, Washington, DC, for Defendant.

Darin W. Johnson, Christopher Mangen, Jr., Billings, MT, for Intervenor.

ORDER

MALLOY, Chief Judge.

I. Introduction and Factual Background

Plaintiffs challenge the United States Fish and Wildlife Service's ("FWS") issuance of a biological opinion (BiOp) that will permit construction and operation of Revett Silver Company's Rock Creek copper and silver mine in Sanders County, Montana. The BiOp concludes that the mine will not jeopardize the continued existence of grizzly...

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