CABINET MOUNTAINS WILDERNESS v. PETERSON

No. 81-1671.

685 F.2d 678 (1982)

CABINET MOUNTAINS WILDERNESS/SCOTCHMAN'S PEAK GRIZZLY BEARS, et al., Appellants v. R. Max PETERSON, U. S. Forest Service, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1982.


Attorney(s) appearing for the Case

Howard Irving Fox, Washington, D. C., with whom Karin P. Sheldon, Washington, D. C., was on the brief for appellants, Sierra Club and Defenders of Wildlife. Ronald J. Wilson, Washington, D. C., also entered an appearance for appellants, Sierra Club and Defenders of Wildlife.

Peter C. Wagstaff, Coeur d'Alene, Idaho, for appellants, Western Sanders County Involved Citizens and Cesar Hernandez.

Jerry Jackson, Atty., Dept. of Justice, Washington, D. C., with whom Edward J. Shawaker, Atty., Dept. of Justice, and Robert A. Maynard, Atty., Dept. of Agriculture, Washington, D. C., were on the brief for appellees, Peterson, et al. Donald A. Carr, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellees, Peterson, et al.

R. Brooke Jackson, Washington, D. C., with whom Susan L. Smith, Allston, Mass., was on the brief for appellee, ASARCO, Inc.

Before BORK, Circuit Judge, ROBB, Senior Circuit Judge, and JAMES F. GORDON, United States District Judge for the Western District of Kentucky.


Opinion for the Court filed by Senior Circuit Judge ROBB.

ROBB, Senior Circuit Judge:

In this action in the District Court the plaintiffs challenged the decision of the United States Forest Service to approve a plan of operations for exploratory mineral drilling in the Cabinet Mountains Wilderness Area in Northwestern Montana.1 The plaintiffs alleged the Forest Service action violated the Endangered Species Act (ESA), 16 U.S.C...

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