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WILD EARTH GUARDIANS v. U.S. FOREST SERVICE

Case No. 12-CV-85-ABJ, Case No. 13-CV-42-ABJ, Case No. 13-CV-90-ABJ.

120 F.Supp.3d 1237 (2015)

WILD EARTH GUARDIANS, Powder River Basin Resource Council, and Sierra Club, Petitioners, v. UNITED STATES FOREST SERVICE, United States Forest Service Chief, in his official capacity also known as Tom Tidwell, United States Forest Service Acting Region II Forester, in her official capacity also known as Maribeth Gustafson, United States Forest Service Acting Region II Deputy Forester, in his official capacity also known as Glenn Casamassa, Respondent. State of Wyoming, BTU Western Resources, Inc., National Mining Association, Wyoming Mining Association, Respondents-Intervenors. WildEarth Guardians and Sierra Club, Petitioners, v. United States Bureau of Land Management, Respondent. State of Wyoming, BTU Western Resources, Inc., National Mining Association, and Wyoming Mining Association, Respondents-Intervenors. Powder River Basin Resource Council, Petitioner, v. United States Bureau of Land Management, a federal agency within the United States Department of Interior, Sally Jewell, in her official capacity as United States Secretary of the Interior, Respondents. State of Wyoming, BTU Western Resources, Inc., National Mining Association, and Wyoming Mining Association, Respondents-Intervenors.

United States District Court, D. Wyoming.

Filed August 17, 2015.

Attorney(s) appearing for the Case

Jon D. Lavallee, Shannon Anderson, Powder River Basin Resource Council, Sheridan, WY, Michael Christopher Soules, EarthJustice Washington, DC, Nathan Maxon, Maxon Law Office, Lander, WY, Nathaniel Wallshein, University of Colorado Law School, Boulder, CO, for Petitioners.

John S. Most, Marissa A. Piropato, Department of Justice, Environment & Natural Resources Division, Washington, DC, Nicholas Vassallo, US Attorney's Office, Cheyenne, WY, for Respondent.

James C. Kaste, Michael James McGrady, Wyoming Attorney General's Office, Richard A. Mincer, Thomas A. Nicholas, III, Hirst Applegate, LLP, Beau Bryan Bump, Holland & Hart, Cheyenne, WY, Merril Hirsh, Peter S. Glaser, Troutman Sanders LLP, Washington, DC, Michael R. Drysdale, Dorsey & Whitney LLP, Minneapolis, MN, William B. Prince, Dorsey & Whitney, Salt Lake City, UT, Andrew C. Emrich, Holland & Hart, Greenwood Village, CO, for Respondents-Intervenors.

OPINION AND ORDER AFFIRMING AGENCY ACTIONS

This matter comes before the Court for decision upon the merits of these three administrative appeals. The Court previously consolidated the cases for purposes of review. Case No. 12-CV-85-ABJ has been designated as the lead case. The petitioners have...

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