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FRIENDS OF BOUNDARY WATERS WILDERNESS v. DOMBECK

Nos. 97-3282, 97-3292.

164 F.3d 1115 (1999)

FRIENDS OF THE BOUNDARY WATERS WILDERNESS; Wilderness Watch; Sawbill Outfitters, Inc.; Izaak Walton League of America; The Wilderness Society; Wilderness Inquiry, Inc., Appellants, v. Michael P. DOMBECK, as Chief of the United States Forest Service; Daniel Glickman, as Secretary of Agriculture, Appellees. County of St. Louis, County of Lake, County of Cook, National Association of Canoe Liveries and Outfitters, Conservationists with Common Sense, Ely Outfitters Association, Grand Marais Gunflint Trail Outfitters Association, Harvey G. Solberg, Appellants, v. Michael P. Dombeck, Chief of the U.S. Forest Service; Daniel Glickman, Secretary of the U.S. Department of Agriculture, Appellees, Wilderness Inquiry, Inc.; Friends of the Boundary Waters Wilderness; Wilderness Watch; Sawbill Trail Outfitters Association, Intervenors-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Richard Alan Duncan, Minneapolis, Minnesota, argued (Brian B. O'Neill and Elizabeth H. Schmiesing, on the brief), for Appellants in No. 97-3282.

David R. Oberstar, Duluth, Minnesota, argued, for Appellants in No. 97-3292.

Jeffrey C. Dobbins, Washington, DC, argued (Lois J. Schiffer, Michelle Gilbert, Robert L. Klarquist, and Vince Vukelich, on the brief), for Appellees.

Before WOLLMAN and HANSEN, Circuit Judges, and GOLDBERG, Judge.

HANSEN, Circuit Judge.

This appeal involves two separate cases which were consolidated before the district court. The plaintiffs in each case sought judicial review of agency action taken by the defendants, the United States Forest Service and the United States Department of Agriculture. The agency action complained of involves the defendants' interpretation of the statutes governing the Boundary Waters Canoe Area (BWCA) Wilderness, which is located in the Superior...

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