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WILDWEST INSTITUTE v. BULL

No. CV 06-66-M-DWM.

468 F.Supp.2d 1234 (2006)

WILDWEST INSTITUTE and Friends of the Bitterroot, Plaintiffs, v. Dave BULL, Forest Supervisor for the Bitterroot National Forest; Abigail Kimbell, Regional Forester of Region One of the U.S. Forest Service; United States Forest Service, an agency of the U.S. Department of Agriculture State of Montana, Department of Fish, Wildlife & Parks, Defendants, and Bitterroot Resource Conservation and Development Area, Inc., Ravalli County, Sula Volunteer Fire Dept., Robert Wetzsteon, Becki Linderman, and Rocky Mountain Log Homes, Defendant-Intervenors.

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

December 22, 2006.

Attorney(s) appearing for the Case

Thomas J. Woodbury, Forest Defense, Missoula, MT, for Plaintiffs.

Lori Caramanian, U.S. Department of Justice, Denver, CO, Victoria L. Francis, Office of the U.S. Attorney, Billings, MT, for Defendants.

George H. Corn, Office of the Ravalli County Attorney, Hamilton, MT, Julie A. Weis, Haglund Kelley Horngren Jones & Wilder, Portland, OR, for Defendant-Intervenors.

ORDER

MOLLOY, Chief Judge.

I. Introduction

Wildwest Institute and Friends of the Bitterroot challenge the United States Forest Service's approval of the Middle East Fork Project (the "Project"), a hazardous fuel reduction project on the Bitterroot National Forest ("BNF"). Plaintiffs raise claims under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§...

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