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WILDWEST INSTITUTE v. ASHE

No. CV 13-06-M-DLC.

15 F.Supp.3d 1057 (2014)

WILDWEST INSTITUTE, and Alliance for the Wild Rockies, Plaintiffs, v. Daniel ASHE, in his official capacity as Director of the United States Fish and Wildlife Service; and Kenneth Salazar, in his official capacity as Secretary of the United States Department of the Interior, Defendants, and The State of Wyoming, Defendant-Intervenor.

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

Filed April 25, 2014.

Attorney(s) appearing for the Case

Timothy M. Bechtold, Bechtold Law Firm, Rebecca Kay Smith, Missoula, MT, for Plaintiffs.

Hao-Chin Hubert Yang, U.S. Department of Justice, Washington, DC, Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, for Defendants.

Jay A. Jerde, Michael J. McGrady, Wyoming Attorney General, Matthias L. Sayer, Office of the Wyoming Attorney General, Cheyenne, WY, Natasha Prinzing Jones, Boone Karlberg, P.C., Missoula, MT, for Defendant-Intervenor.

ORDER

DANA L. CHRISTENSEN, District Judge.

I. INTRODUCTION

Plaintiffs filed suit on January 15, 2013 seeking judicial review of the United States Fish and Wildlife Service's July 19, 2011 finding that listing of the whitebark pine (Pinus albicaulis) as a threatened or endangered species under the Endangered Species Act is "warranted but precluded." Plaintiffs claim that the finding was arbitrary and capricious, an abuse of discretion, and...

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