FRIENDS OF THE NORBECK v. U.S. FOREST SERVICE

No. 11-1661.

661 F.3d 969 (2011)

FRIENDS OF THE NORBECK; Native Ecosystems Council, Appellants, v. UNITED STATES FOREST SERVICE; Rick Cables, Regional Forester, Appellees, State of South Dakota; Jeff Vonk, in his official capacity as Secretary of the South Dakota Department of Game, Fish, and Parks, Intervenors below-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 16, 2011.


Attorney(s) appearing for the Case

John Philip Meyer , argued, Kelly Elizabeth Purcell Bennett , Bozerman, MT, for appellant.

Allen M. Brabender , argued, Alison D. Garner , on the brief, Washington, DC, for appellees United States Forest Service and Rick Cables.

Diane Patrick Best, AAG , argued, Sioux Falls, SD, Charles David McGuigan, AAG , Pierre, SD, for appellees State of South Dakota and Jeff Vonk.

Before MURPHY, BYE, and SMITH, Circuit Judges.


MURPHY, Circuit Judge.

Friends of the Norbeck and Native Ecosystems Council (collectively Friends of the Norbeck) brought this action against the United States Forest Service in connection with its Norbeck Wildlife Project (the Project). The State of South Dakota and the South Dakota Department of Game, Fish, and Parks (collectively South Dakota) intervened to defend the Project. The district court1 dismissed the complaint, concluding...

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