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FOREST CONSERVATION COUNCIL v. ESPY

Civ. No. 92-0341-S-HLR.

835 F.Supp. 1202 (1993)

FOREST CONSERVATION COUNCIL; Idaho Sportsmen Coalition; Idaho Wildlife Federation; Howard Buettgenbach, Plaintiffs, v. Mike ESPY, Secretary of Agriculture; Ronald Brown, Secretary of Commerce; United States Forest Service; National Marine Fisheries Service, Defendants. MOUNTAIN STATES LEGAL FOUNDATION, a nonprofit Colorado corporation on behalf of its members, Jim and Gerry Adkins, Lafe and Emma Cox, and David and Lynnea Imel, Intervenor, and Boise Cascade Corporation, Defendant-Intervenor, and Cross-Claimant, v. Ronald BROWN, Secretary of Commerce; and National Marine Fisheries Service, Cross-Defendants.

United States District Court, D. Idaho.

October 28, 1993.

Attorney(s) appearing for the Case

Daniel J. Stotter, Eugene, OR, Brian F. McColl, Wilson, Carnahan & McColl, Boise, ID, Gary K. Kahn, Portland, OR, Victor M. Sher, Todd D. True, Katherine S. Poole, Sierra Club Legal Defense Fund, Seattle, WA, D. Bernard Zaleha, J.D., Boise, ID, for plaintiffs.

Maurice O. Ellsworth, U.S. Atty., D. Marc Haws, Asst. U.S. Atty., D. Idaho, Boise, ID, for Federal defendants.

Joanne Herlihy, William Perry Pendley, Mountain States Legal Foundation, Denver, CO, Bruce M. Smith, Rosholt Robertson & Tucker, Boise, ID, for intervenor Mountain States Legal Foundation.

Guy G. Hurlbutt, Tony J. Steenkolk, Boise Cascade Corporation, Boise, ID, for defendant-intervenor/cross-claimant Boise Cascade Corporation.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING ACTION

RYAN, Senior District Judge.

I. FACTS AND PROCEDURE

Now before the court in the above-entitled matter is the defendants' Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Jurisdiction Under the Endangered Species Act, filed on May 28, 1993. Also before the court are plaintiffs' Motion for Summary Judgment and...

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