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RUSSELL COUNTRY SPORTSMEN v. U.S. FOREST SERVICE

Nos. 10-35623, 10-35784.

668 F.3d 1037 (2011)

RUSSELL COUNTRY SPORTSMEN; Montana Trail Vehicle Riders Association; Great Falls Trail Bike Riders Association; Meagher County Little Belters; Great Falls Snowmobile Club; Treasure State Alliance; Motorcycle Industry Council; Specialty Vehicle Institute of America; the Blueribbon Coalition, Plaintiffs-Appellees, v. UNITED STATES FOREST SERVICE; Lewis and Clark National Forest; Lesley Thompson, Forest Supervisor, Defendants, and Montana Wilderness Association, Intervenor-Defendant-Appellant. Great Falls Snowmobile Club; Montana Trail Vehicle Riders Association; Great Falls Trail Bike Riders Association; Meagher County Little Belters; Motorcycle Industry Council; Russell Country Sportsmen; Specialty Vehicle Institute of America; the Blueribbon Coalition; Treasure State Alliance, Plaintiffs-Appellees, v. United States Forest Service; Lewis and Clark National Forest; Lesley Thompson, Forest Supervisor, Defendants-Appellants, and Montana Wilderness Association, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 17, 2011.

Filed October 12, 2011.

Resubmitted August 25, 2011.

Attorney(s) appearing for the Case

Ignacia S. Moreno , Assistant Attorney General, Jared S. Pettinato and Allen M. Brabender (argued), U.S. Department of Justice, Washington, D.C.; Alan J. Campbell , U.S. Department of Agriculture, Office of General Counsel, for the defendants-appellants.

Matthew K. Bishop (argued) and Sarah McMillan , Western Environmental Law Center, Helena, MT, for the intervenor-defendant-appellant.

Paul A. Turcke (argued), Moore Smith Buxton & Turcke, Chtd., Boise, ID; William P. Horn , Birch Horton Bittner Cherlot, Washington, D.C., for the plaintiffs-appellees.

Before: RAYMOND C. FISHER, RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We decide whether the United States Forest Service's (Service) 2007 Travel Management Plan for parts of the Lewis and Clark National Forest, including the Middle Fork Judith Wilderness Study Area, violates the Montana Wilderness Study Act of 1977 (Study Act) and the National Environmental Policy Act (NEPA). We hold that nothing in the Study Act, which requires the Service to manage a wilderness study area so as to "maintain...

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