FRIENDS OF THE WILD SWAN v. JEWELL

No. CV 13-61-M-DWM.

FRIENDS OF THE WILD SWAN; MONTANA ENVIRONMENTAL INFORMATION CENTER; and NATURAL RESOURCE DEFENSE COUNCIL, Plaintiffs, v. S.M.R. JEWELL, Secretary, U.S. Department of Interior, in her of ficial capacity; and UNITED STATES FISH District Of Montana AND WILDLIFE SERVICE, Defendants, MONTANA BOARD OF LAND COMMISSIONERS and MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Intervenor-Defendants.

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

August 21, 2014.


Attorney(s) appearing for the Case

Friends of the Wild Swan, Plaintiff, represented by Timothy J. Preso, EARTHJUSTICE LEGAL DEFENSE FUND, Adrienne D. Maxwell, EARTHJUSTICE LEGAL DEFENSE FUND & Jenny K. Harbine, EARTHJUSTICE LEGAL DEFENSE FUND.

Montana Environmental Information Center, Plaintiff, represented by Timothy J. Preso, EARTHJUSTICE LEGAL DEFENSE FUND, Adrienne D. Maxwell, EARTHJUSTICE LEGAL DEFENSE FUND & Jenny K. Harbine, EARTHJUSTICE LEGAL DEFENSE FUND.

Natural Resources Defense Council, Plaintiff, represented by Timothy J. Preso, EARTHJUSTICE LEGAL DEFENSE FUND, Adrienne D. Maxwell, EARTHJUSTICE LEGAL DEFENSE FUND & Jenny K. Harbine, EARTHJUSTICE LEGAL DEFENSE FUND.

U.S. Fish and Wildlife Service, Defendant, represented by James A. Maysonett, U.S. Department of Justice & Travis J. Annatoyn, UNITED STATES DEPARTMENT OF JUSTICE.

S.M.R. Jewell, Defendant, represented by James A. Maysonett, U.S. Department of Justice & Travis J. Annatoyn, UNITED STATES DEPARTMENT OF JUSTICE.

State of Montana Board of Land Commissioners, Intervenor Defendant, represented by Cory J. Swanson, MONTANA DEPARTMENT OF JUSTICE, Jonathan W. Bennion, MONTANA DEPARTMENT OF JUSTICE, Mark Phares, STATE OF MONTANA & Melissa Anne Hornbein, MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION.

Montana Department of Natural Resource and Conservation, Intervenor Defendant, represented by Cory J. Swanson, MONTANA DEPARTMENT OF JUSTICE, Jonathan W. Bennion, MONTANA DEPARTMENT OF JUSTICE, Melissa Anne Hornbein, MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION & Mark Phares, STATE OF MONTANA.


ORDER

DONALD W. MOLLDY, District Judge.

Plaintiffs are various environmental organizations who challenge the Secretary of the Interior's issuance of an incidental take permit under the Endangered Species Act ("ESA") and the National Environmental Policy Act ("NEPA") for proposed logging and road building activities to be carried out by the Montana Department of Natural Resources and Conservation (the "Department") on state trust land in western Montana....

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