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HELENA HUNTER & ANGLERS v. TIDWELL

No. CV 08-162-M-DWM.

841 F.Supp.2d 1129 (2009)

HELENA HUNTER & ANGLERS, a non-profit organization; the Alliance for the Wild Rockies, a non-profit organization; American Wildlands, a non-profit organization; Native Ecosystems Council, a non-profit organization, Plaintiffs, v. Tom TIDWELL, in his official capacity as Regional Forester for the United States Forest Service, Region One; the United States Forest Service, an Agency of the United States Department of Agriculture; and the United States Department of Agriculture, a federal department, Defendants.

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

July 29, 2009.

Attorney(s) appearing for the Case

Matthew Kellogg Bishop, Helena, MT, Sarah K. McMillan, Missoula, MT, for Plaintiffs.

Erik Edward Petersen, U.S. Department of Justice, Washington, DC, Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

I. Introduction

Helena Hunters and Anglers, Alliance for the Wild Rockies, American Wildlands, and Native Ecosystems Council (collectively "Plaintiffs") bring this action seeking judicial review under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706 and citizen suit provision of the Endangered Species Act ("ESA"), 16 U.S.C. § 1540(g), regarding agency actions by the United States...

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