GREATER YELLOWSTONE COALITION v. BABBITT

Nos. 98-36151, 98-36152.

175 F.3d 1149 (1999)

GREATER YELLOWSTONE COALITION; Jackson Hole Alliance For Responsible Planning; American Buffalo Foundation; Gallatin Wildlife Association; Defenders of Wildlife; David A. Ritchey, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary, United States Department of Interior; Roger Kennedy, Director, National Park Service; Michael Finley, Superintendent, Yellowstone National Park; Daniel Glickman, Secretary, United States Department of Agriculture; Jack Ward Thomas, Chief, United States Forest Service; Terry Medley, Administrator, Animal and Plant Health Inspection Service, Defendants-Appellees, and State of Montana; Marc Racicot, Governor of the State of Montana, Defendants-Intervenors-Appellees. Intertribal Bison Cooperative; Defenders of Wildlife; Greater Yellowstone Coalition; Jackson Hole Alliance for Responsible Planning; David A. Ritchey Plaintiffs-Appellants, v. Bruce Babbitt, in his official capacity as Secretary of the Interior, Denis Galvin, in his official capacity as Acting Deputy Director of the National Park Service; Michael Finley, in his official capacity as Superintendent of Yellowstone National Park; Michael Dombeck, in his official capacity as Chief of the United States Forest Service; Terry Medley, in his official capacity as Governor of the state of Montana; Laurence Peterson, in his official capacity as Executive Officer of the Montana Department of Livestock; State of Montana, Department of Livestock, a state agency; Patrick J. Graham, in his official capacity as Director of Montana Department of Fish, Wildlife and Parks; State of Montana, Department of Fish, Wildlife and Parks, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1999.


Attorney(s) appearing for the Case

James S. Angell, Earthjustice Legal Defense Fund, Bozeman, Montana, for the plaintiffs-appellants.

Andrew Mergen, United States Department of Justice, Washington, D.C., for the defendants-appellees.

John E. Bloomquist, Doney, Crowley, Bloomquist & Uda, Helena, Montana, for the intervenors-appellees.

Before: PREGERSON and THOMPSON, Circuit Judges, and KELLEHER, Senior District Judge.


ORDER

We affirm for reasons set forth in the district court's well-reasoned opinion and order reported at Intertribal Bison Cooperative, et al., v. Babbitt, 25 F.Supp.2d 1135 (D. Mont.1998).

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