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ROCK CREEK ALLIANCE v. U.S. FOREST SERVICE

Nos. CV 05-107-M-DWM, CV 08-028-M-DWM.

703 F.Supp.2d 1152 (2010)

ROCK CREEK ALLIANCE; Clark Fork Coalition; Cabinet Resource Group; Montana Wilderness Association; Earthworks; and Alliance for the Wild Rockies, Plaintiffs, v. UNITED STATES FOREST SERVICE; U.S. Department of Agriculture; Tom Tidwell, in his official capacity as Regional Forester for the Northern Region; Paul Bradford, in his official capacity as Forest supervisor of the Kootenai National Forest; and Ed Schafer, in his official capacity as Secretary of the U.S. Department of Agriculture, Defendants, and Revett Silver Company, Defendant-Intervenor. Rock Creek Alliance, Cabinet Resource Group, Sierra Club, Earthworks, Alliance for the Wild Rockies, Natural Resources Defense Council, Trout Unlimited, Idaho Council of Trout Unlimited, Pacific Rivers Council, and Great Old Broads for Wilderness, Plaintiffs, v. United States Fish & Wildlife Service, Defendant, and Revett Silver Company, Defendant-Intervenor.

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

May 4, 2010.

Attorney(s) appearing for the Case

David K.W. Wilson, Jr., Reynolds Motl and Sherwood, Helena, MT, Roger Flynn, Western Mining Action Project, Lyons, CO, Timothy J. Preso, Douglas L. Honnold, Earth Justice Legal Defense Fund, Bozeman, MT, Todd D. True, Stephen D. Mashuda, Earth Justice Legal Defense Fund, Seattle, WA, for Plaintiffs.

Erik Edward Petersen, Gregory D. Page, U.S. Department Of Justice, Lauren Beth Fischer, U.S. Department of Justice-E.N.R.D. General Litigation, Washington, DC, Leif M. Johnson, Office of the U.S. Attorney, Billings, MT, Michael Richard Eitel, U.S. Department Of Justice, Paul J. Lopach, Holme Roberts & Owen, LLP, Denver, CO, for Defendants.

Alan Lynn Joscelyn, Kevin D. Feeback, Gough Shanahan Johnson & Waterman, Helena, MT, Charlotte L. Neitzel, Robert Tuchman, Holme Roberts & Owen, LLP, Denver, CO, for Defendants/Defendant-Intervenor.

OPINION

DONALD W. MOLLOY, District Judge.

I. Introduction

The Plaintiffs in these consolidated environmental record review cases are a coalition of environmental advocacy groups led by the Rock Creek Alliance. They seek review under the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706, of federal agency actions and the associated planning documents relating to the approval of the Revett Silver Company's proposed mining operation...

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