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COALITION FOR CANYON PRESERVATION v. SLATER

No. CV98-84-M-DWM.

33 F.Supp.2d 1276 (1999)

COALITION FOR CANYON PRESERVATION, a Montana non-profit corporation, and Wildlands Center for Preventing Roads, a Montana non-profit corporation, Plaintiffs, v. Rodney E. SLATER, in his capacity as Secretary of the Department of Transportation; James N. Hall, in his capacity as Division Engineer for Western Federal Division, Federal Highway Administration; Bruce Babbitt, in his capacity as Secretary of the Department of the Interior; David A. Mihalic, in his capacity as Superintendent of Glacier National Park Service, Defendants.

United States District Court, D. Montana.

January 19, 1999.

Attorney(s) appearing for the Case

Susan P. Roy, Garlington, Lohn & Robinson, PLLP, Missoula, MT, Matthew O. Clifford, Missoula, MT, for Coalition for Canyon Preservation, Wildlands Center for Preventing Roads.

William W. Mercer, Missoula, MT, for Rodney E. Slater, James N. Hall, Bruce Babbitt, David A. Mihalic.

ORDER

MOLLOY, District Judge.

I. Background

This case involves a challenge to a decision by the National Park Service (NPS) to construct a parking lot on the east side of the Going to the Sun Road (GTSR) at the Avalanche Creek area of Glacier National Park. The NPS issued an Environmental Assessment (EA) in April of 1996 for the project. A little over one year later, the service issued a Finding of No Significant Impact (FONSI) in July of 1997...

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