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DEFENDERS OF WILDLIFE v. HALL

No. CV 08-56-M-DWM.

565 F.Supp.2d 1160 (2008)

DEFENDERS OF WILDLIFE, Natural Resources Defense Council, Sierra Club, Humane Society of the United States, Center for Biological Diversity, Jackson Hole Conservation Alliance, Friends of the Clearwater, Alliance for the Wild Rockies, Oregon Wild, Cascadia Wildlands Project, Western Watersheds Project, and Wildlands Project, Plaintiffs, v. H. Dale HALL, U.S. Fish and Wildlife Service Director; Dirk Kempthorne, Secretary of the Interior; and United States Fish and Wildlife Service, Defendants. and Safari Club International; Safari Club International Foundation; The National Rifle Association of America; State of Montana; Montana Department of Fish, Wildlife, and Parks; State of Idaho; Governor C.L. "Butch" Otter; Idaho Fish and Game Commission; Idaho Department of Fish and Game; Idaho Office of Species Conservation; State of Wyoming; Sportsmen for Fish and Wildlife; Montana Stockgrowers Association, Inc.; Montana Farm Bureau Federation; Western Montana Fish and Game Association, Inc.; Montana Shooting Sports Association, Inc.; Friends of the Northern Yellowstone Elk Herd; Wyoming Stock Growers Association, Inc., Defendant-Intervenors.

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

July 18, 2008.

Attorney(s) appearing for the Case

Douglas L. Honnold, Jenny K. Harbine, Timothy J. Preso, Earthjustice Legal Defense Fund, Bozeman, MT, for Plaintiffs.

Kristen Lyn Gustafson, Lisa Lynne Russell, U.S. Department of Justice-Wildlife & Marine Resources, Benjamin Franklin Station, Washington, DC, for Defendants.

Clay R. Smith, Idaho Attorney General's Office, David F. Hensley, Office of the Governor, Steven W. Strack, State of Idaho, Thomas C. Perry, Species Conservation, Paul A. Turcke, Moore Smith Buxton & Turcke, Boise, ID, James David Johnson, Williams Law Firm, W. Carl Mendenhall, Worden Thane P.C., Missoula, MT, Jay A. Jerde, Cheyenne, WY, Jeffrey M. Hindoien, Robert Thomas Cameron, Gough, Shanahan, Johnson & Waterman, Martha M. Williams, Robert N. Lane, Montana Fish Wildlife and Parks, Mike McGrath, Office of the Montana Attorney General, Abigail J. St. Lawrence, James Edward Brown, John E. Bloomquist, Doney Crowley Bloomquist Payne Uda P.C., Helena, MT, Anna M. Seidman, Attorney at Law, Washington, DC, for Defendant-Intervenors.

ORDER

DONALD W. MOLLOY, District Judge.

I. Introduction

This case, like a cloud larger than a man's hand, will hang over the northwest states of Montana, Idaho, and Wyoming until there has been a final determination of the complex issues presented. Those issues must be answered in accordance with the intent of Congress as stated in the Endangered Species Act and its implementing regulations. Here, Plaintiffs challenge the U.S. Fish & Wildlife...

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