RESOURCES LTD., INC. v. ROBERTSON

No. CV 89-41-H-CCL.

789 F.Supp. 1529 (1991)

RESOURCES LIMITED, INC., a nonprofit corporation; Swan View Coalition, Inc., a non-profit corporation; Friends of the Wild Swan, a non-profit corporation; Five Valleys Audubon Society, a non-profit organization; and Sierra Club, a non-profit corporation, Plaintiffs, v. F. Dale ROBERTSON, in his capacity as Chief of the United States Forest Service, Department of Agriculture; John Mumma, in his official capacity as Regional Forester, Region One, of the United States Forest Service; and Edgar B. Brannon, Jr., in his official capacity as Forest Supervisor, Flathead National Forest, Defendants, and Intermountain Forest Industry Association, Defendant-Intervenor.

United States District Court, D. Montana, Helena Division.

November 6, 1991.


Attorney(s) appearing for the Case

Jon Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Mont., Douglas Honnold, Fern L. Shepard, Rolf G. Asphaug, Andrew Caputo, Sierra Club Legal Defense Fund, Denver, Colo., Daniel J. Rohlf, Portland, Or., and James Goetz, Bozeman, Mont., for plaintiffs.

Peter Van Tuyn, Gary B. Randall, Wells D. Burgess, Gregory D. Page, U.S. Dept. of Justice, Washington, D.C., Bob Brooks, Asst. U.S. Atty., Butte, Mont., John D. Mudd, Missoula, Mont., and Steven P. Quarles, Crowell & Morning, Washington, D.C., for defendants.


OPINION AND ORDER

LOVELL, District Judge.

This matter came on for hearing on May 29, 1991, on cross motions for summary judgment. Plaintiffs Resources Limited, Swan View Coalition, Friends of the Wild Swan, Five Valleys Audubon Society, and the Sierra Club filed suit challenging the Flathead National Forest Land and Resource Management Plan (Forest Plan) and its accompanying Environmental Impact Statement (EIS) issued by the United States Forest Service...

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