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SALIX v. U.S. FOREST SERVICE

No. CV 12-45-M-DLC.

944 F.Supp.2d 984 (2013)

Nolan SALIX; Cottonwood Environmental Law Center, Plaintiffs, v. UNITED STATES FOREST SERVICE; Faye Krueger, in her official capacity as Regional Forester for the U.S. Forest Service, Region One, Defendants.

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

May 16, 2013.

Attorney(s) appearing for the Case

John Meyer, Andrew S. Gorder, Bozeman, MT, for Plaintiffs.

John H. Martin, U.S. Department of Justice, Denver, CO, Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for Defendants.

ORDER

DANA L. CHRISTENSEN, District Judge.

Before the Court are the parties' cross-motions for summary judgment. For the reasons discussed below, Plaintiffs' motion is granted and Defendants' motion is denied. As threshold matters, Plaintiffs have standing to challenge the Forest Service's failure to reinitiate section 7 consultation on the programmatic plan amendment at issue here, and the Court has jurisdiction to consider the case because Plaintiffs'...

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