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CLOUD FOUNDATION, INC. v. SALAZAR

No. 1:09-CV-1651.

738 F.Supp.2d 35 (2010)

CLOUD FOUNDATION, INC., et al., Plaintiffs, v. Ken SALAZAR, Secretary of the Interior, et al., Defendants.

United States District Court, District of Columbia.

Opinion on Rehearing September 29, 2010.

Attorney(s) appearing for the Case

D. Christopher Ohly, Schiff Hardin, LLP, Washington, DC, Valerie J. Stanley, Laurel, MD, Bruce A. Wagman, Schiff Hardin, LLP, San Francisco, CA, for Plaintiff.

John B. Grosko, U.S. Department of Justice, Environment and Natural Resource, John S. Most, Department of Justice, Washington, DC, for Defendant.

OPINION & ORDER

JAMES S. GWIN, District Judge.

In this challenge to federal management of wild horses on the Pryor Mountain Wild Horse Range in southern Montana and northern Wyoming, the government moves to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). [Dkt. 16.] The government contends that because it has already completed the horse round-up challenged by the plaintiff environmental groups, this action...

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