JAYNE v. SHERMAN

Nos. 11-35269, 11-35292, 11-35305, 11-35322.

706 F.3d 994 (2013)

Gerald JAYNE; Greater Yellowstone Coalition; The Lands Council; Natural Resources Defense Council; Sierra Club; The Wilderness Society, Plaintiffs-Appellants, v. Harris SHERMAN, Under Secretary for Natural Resources and Environment; Tom Tidwell, Chief, U.S. Forest Service; Rowan Gould, Acting Director, U.S. Fish and Wildlife Service; Ken Salazar, Secretary, U.S. Department of the Interior; Tom Vilsack, Secretary, U.S. Department of Agriculture, in their official capacities, Defendants-Appellees, Idaho Association of Counties; C.L. Butch Otter, Governor; Kootenai Tribe of Idaho; Idaho Mining Association, Intervenors-Defendants-Appellees. Gerald Jayne; Greater Yellowstone Coalition; The Lands Council; Natural Resources Defense Council; Sierra Club; The Wilderness Society, Plaintiffs-Appellees, v. Harris Sherman; Tom Tidwell, Chief, U.S. Forest Service; Rowan Gould, Acting Director, U.S. Fish and Wildlife Service; Kenneth Lee Salazar, Secretary, U.S. Department of the Interior; Tom Vilsack, Secretary, U.S. Department of Agriculture, in their official capacities, Defendants, Kootenai Tribe of Idaho, Intervenor-Defendant-Appellant. Gerald Jayne; Greater Yellowstone Coalition; The Lands Council; Natural Resources Defense Council; Sierra Club; The Wilderness Society, Plaintiffs-Appellees, v. Harrsi Sherman; Tom Tidwell, Chief, U.S. Forest Service; Rowan Gould, Acting Director, U.S. Fish and Wildlife Service; Kenneth Lee Salazar, Secretary, U.S. Department of the Interior; Tom Vilsack, Secretary, U.S. Department of Agriculture, in their official capacities, Defendants, Idaho Association of Counties; Idaho Mining Association, Intervenors-Defendants-Appellants. Gerald Jayne; Greater Yellowstone Coalition; The Lands Council; Natural Resources Defense Council; Sierra Club; The Wilderness Society, Plaintiffs-Appellees, v. Harrsi Sherman; Tom Tidwell, Chief, U.S. Forest Service; Rowan Gould, Acting Director, U.S. Fish and Wildlife Service; Kenneth Lee Salazar, Secretary, U.S. Department of the Interior; Tom Vilsack, Secretary, U.S. Department of Agriculture, in their official capacities, Defendants, and C.L. Butch Otter, Governor, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2013.


Attorney(s) appearing for the Case

Timothy J. Preso , EarthJustice, Bozeman, MT, for Plaintiffs-Appellants.

J. David Gunter II , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendants-Appellees.

Julie A. Weis , Haglund Kelley Jones & Wilder, LLP, Portland, OR; Robert A. Maynard , Perkins Coie LLP, Boise, ID; and Thomas C. Perry , Office of the Governor, Boise, ID, for Intervenors-Defendants-Appellees-Cross Appellants.

David C. Lundsgaard , Seattle, WA, for Amici Curiae.

Before: ARTHUR L. ALARCÓN, STEPHEN S. TROTT, and RICHARD A. PAEZ, Circuit Judges.


OPINION

PER CURIAM:

After scouring both the administrative and district court records in this case, we conclude that the district court's grant of summary judgment to the defendants was warranted. The inclusive, thorough, and transparent process resulting in the challenged rule conformed to the demands of the law and is free of legal error. Thus, we affirm the district court's judgment in Appeal No. 11-35269, adopt...

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