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SIERRA CLUB v. KIMBELL

Case No. 06-CV-3334 (PJS/RLE).

595 F.Supp.2d 1021 (2009)

SIERRA CLUB, Friends of the Boundary Waters Wilderness, Defenders of Wildlife, and Minnesotans for Wilderness, Plaintiffs, v. Abigail R. KIMBELL, Chief of the United States Forest Service, and Ed Schafer, Secretary of Agriculture, Defendants, Minnesota Forest Industries, Inc., Minnesota Timber Producers Association, All Terrain Vehicle Association of Minnesota, BlueRibbon Coalition, and Lake County, Intervenor Defendants.

United States District Court, D. Minnesota.

January 20, 2009.

Attorney(s) appearing for the Case

Sanne H. Knudsen, Brian B. O'Neill, and Richard A. Duncan, Faegre & Benson, LLP; Sierra Weaver, Defenders of Wildlife, for plaintiffs.

Rachel A. Dougan and Ronald J. Tenpas, U.S. Department of Justice, Environment and Natural Resources Division; Gregory G. Brooker, United States Attorney's Office, for defendants.

Paul A. Turcke, Moore Smith Buxton & Turcke; Patrick D. Robben, Morrison Fenske & Sund, P.A., for intervenor defendants All Terrain Vehicle Association of Minnesota and BlueRibbon Coalition.

David R. Oberstar, Fryberger, Buchanan, Smith & Frederick, P.A., for intervenor defendants Minnesota Forest Industries, Inc., and Minnesota Timber Producers Association.

Ryan L. Woody, Matthiesen, Wicker & Lehrer, S.C.; Charles James Suk, Suk Law Firm Ltd., for amicus curiae the Ruffed Grouse Society.

Lori Swanson and David P. Iverson, Minnesota Attorney General's Office, for amicus curiae Mark Holsten, as Commissioner of the Minnesota Department of Natural Resources.

MEMORANDUM OPINION AND ORDER

PATRICK J. SCHILTZ, District Judge.

Plaintiffs (collectively, "the Sierra Club") brought this action to challenge decisions of the United States Forest Service regarding the management of the Superior National Forest. The Court has already dismissed Counts I and II of the Sierra Club's complaint, which raised challenges under the National Forest Management Act of 1976 ("NFMA"), Pub. L. 94-588, 90 Stat. 2949 (codified mainly at...

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