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MONTANA WILDERNESS ASS'N v. FRY

No. CV 00-39-GF-DWM.

408 F.Supp.2d 1032 (2006)

MONTANA WILDERNESS ASSOCIATION, a non-profit corporation, and CURLEY YOUPEE, an enrolled member of the Fort Peck Tribes, individually, Plaintiff, v. Tom FRY, Acting Director, U.S. Bureau of Land Management; Mat Millenbach, Director, Montana-Dakotas State Office, U.S. Bureau of Land Management; Jamie Rappaport Clark, Director, U.S. Fish & Wildlife Service; U.S. Bureau of Land Management; U.S. Fish & Wildlife Service; and Macum Energy, Inc., a Montana corporation, Defendants.

United States District Court, D. Montana, Great Falls Division.

January 12, 2006.

Attorney(s) appearing for the Case

Michael P. Adams, William P. Pendley, D. Andrew Wight, Mountain States Legal Foundation, Lakewood, CO, Alan L. Joscelyn, Gough, Shanahan, Johnson & Waterman, Helena, MT, for Defendant Macum Energy, Inc.

George F. Darragh, Jr., Office of the U.S. Attorney, Great Falls, MT, for Defendant U.S. Bureau of Land Management, United States Fish and Wildlife Service.

Cathy J. Lewis, Ugrin, Alexander, Zadick & Higgins, Great Falls, MT, for Plaintiff Montana Wilderness Association.

Dennis J. Tighe, Davis, Hatley, Haffeman & Tighe, PC, Great Falls, MT, for Plaintiff Montana Wilderness Association, Curley Youpee.

ORDER

MOLLOY, Chief Judge.

I. Introduction

By Order dated March 31, 2004, I found the Bureau of Land Management ("BLM") in violation of National Environmental Policy Act ("NEPA"), the Endangered Species Act ("ESA"), and the National Historic Preservation Act ("NHPA") in its sale of three leases to Macum Energy and its grant of a pipeline right-of-way to Macum. This order concerns the appropriate remedy for these violations. An evidentiary hearing...

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