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FRIENDS OF THE WILD SWAN, INC. v. U.S. E.P.A.

No. CV 97-35-M-DWM.

130 F.Supp.2d 1199 (2000)

FRIENDS OF THE WILD SWAN, INC., Alliance for the Wild Rockies Inc., Ecology Center, Inc., American Wildlands, Inc., Montana Environmental Information Center Inc., Plaintiffs, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Carol Browner, Administrator, Jack McGraw, Region VIII EPA Administrator, Defendants, and State of Montana, ex rel. Department of Environmental Quality, Montana Wood Products Association, Montana Stockgrowers Association, and Montana Farm Bureau Federation, Intervenors.

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

June 21, 2000.

Attorney(s) appearing for the Case

Jack R. Tuholske, Missoula, MT, Jory Ruggiero, Bozeman, MT, for Friends of Wild Swan, Alliance for Wild rockies, Ecology Center, Inc., American Wildlands.

Claudia L. Massman, Montana Dept. of Environmental Quality, Helena, MT, Jack R. Tuholske, Missoula, MT, Jory Ruggiero, Bozeman, MT, for Montana Environmental Information Center, Inc.

Deanne L. Sandholm, Office Of The U.S. Attorney, Helena, MT, Daniel R. Dertke, U.S. Department Of Justice, Environmental Defense Section, Washington, DC, Margaret J. Livingston, Associate Regional Counsel, U.S. Environmental Protection Agency, Denver, CO, for U.S. E.P.A., Carol M. Browner, Jack Region, VIII.

John F. North, Claudia L. Massman, Montana Dept. of Environmental Quality, Helena, MT, Jane Amdahl, Dept. of Environmental Quality, Helena, MT, for State of Montana, ex rel. Dept. of Environmental Quality.

Rebecca W. Watson, Jeffrey M. Hindoien, Gough Shananhan Johnson & Waterman, Helena, MT, for Montana Wood Products Ass'n, Montana Stockgrowers Ass'n, Montana Farm Bureau Federation.

ORDER

MOLLOY, District Judge.

Procedural Background

On November 4, 1999, the Court granted Defendants summary judgment on Counts I and III and part of Count II of the complaint, claims brought under a provision of the Clean Water Act, 33 U.S.C. § 1313. The Court granted Plaintiff summary judgment on part of Count II of the Complaint, alleging violations of the Administrative Procedures Act under 5 U.S.C. § 706. I found that the...

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