SWAN VIEW COALITION, INC. v. TURNER

No. CV 89-121-H-CCL.

824 F.Supp. 923 (1992)

SWAN VIEW COALITION, INC., a nonprofit corporation; Resources Limited, Inc., a nonprofit corporation; Friends of the Wild Swan, a nonprofit corporation; Five Valleys Audubon Society, a nonprofit corporation; and Sierra Club, a nonprofit corporation, Plaintiffs, v. John F. TURNER, in his official capacity as Director of the U.S. Fish & Wildlife Service; Galen Buterbaugh, in his official capacity as Regional Director of the U.S. Fish & Wildlife Service, Region Six; Kemper M. McMaster, Acting Supervisor, Montana State Office, U.S. Fish & Wildlife Service; F. Dale Robertson in his official capacity as Chief of the U.S. Forest Service, Department of Agriculture; John Mumma, in his official capacity as Regional Forester, Region One, of the U.S. Forest Service, and Joel Holtrop, in his official capacity as Forest Supervisor, Flathead National Forest, Defendants.

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

December 7, 1992.


Attorney(s) appearing for the Case

Douglas L. Honnold, Fern L. Shepard, Andrew Caputo, Sierra Club Legal Defense Fund, Denver, CO, John Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, MT, Daniel J. Rohlf, Portland, OR, James Goetz, Bozeman, MT, for plaintiffs.

Bernard F. Hubley, Asst. U.S. Atty., Helena, MT, John O. Mudd, Garlington, Lohn & Robinson, Missoula, MT, Steven P. Quarles, Thomas R. Lundquist, Crowell & Moring, Washington, DC, for defendants.


OPINION AND ORDER

LOVELL, District Judge.

This action is before the court on various motions by the parties including cross motions for summary judgment on the first cause of action, and Defendant-Intervenor Intermountain Forest Industry Associations's motion for summary judgment on Plaintiffs' second cause of action. This matter came on for hearing before the court, and the motions for summary judgment were deemed submitted at that time. Additionally, Plaintiffs...

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