KOOTENAI TRIBE OF IDAHO v. VENEMAN

Nos. 01-35472, 01-35539, 01-35476.

313 F.3d 1094 (2002)

KOOTENAI TRIBE OF IDAHO; Boise County, by and through the Boise County Board of Commissioners; Valley County, by and through the Valley County Board of Commissioners; the Blueribbon Coalition, Inc.; Idaho State Snowmobile Associates, Inc.; Illinois Association of Snowmobile Clubs; the American Council of Snowmobile Associations; Little Cattle Company Limited Partnership; Highland Livestock and Land Company; Boise Cascade Corporation, Plaintiffs-Appellees, v. Ann VENEMAN, in her official capacity as the Secretary of Agriculture; Dale Bosworth, in his official capacity as the Chief Forester of the USDA Forest Service; Department of Agriculture; United States Forest Service, Defendants, Forest Service Employees for Environmental Ethics, Defendant-Intervenor, and Idaho Conservation League; Idaho Rivers United, Inc.; Sierra Club; the Wilderness Society; Oregon Natural Resources Council; Pacific Rivers Council; Natural Resources Defense Council, Defendants-Intervenors-Appellants. Dirk Kempthorne, ex rel State of Idaho; Pete T. Cenarrusa, Secretary of State; Alan G. Lance, Attorney General; J.D. Williams, State Controller; Marilyn Howard, Superintendent of Public Instruction, as the State Board of Land Commissioners; Winston Wiggins, Acting Director, Idaho Department of Lands; Dirk Kempthorne, Governor, in his capacity as Chief Executive of the State of Idaho and President of the Idaho Board of Land Commissioners, Plaintiffs-Appellees, v. U.S. Forest Service; Dale Bosworth, in his official capacity as Chief Forester of the United States Forest Service; Ann Veneman, in her official capacity as the Secretary of Agriculture, Defendants, and Idaho Conservation League; Idaho Rivers United, Inc.; Sierra Club; the Wilderness Society; Oregon Natural Resources Council; Pacific Rivers Council; Natural Resources Defense Council; Defenders of Wildlife, Defendant-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2002.


Attorney(s) appearing for the Case

Douglas L. Honnold (argued) and Timothy J. Preso, Earthjustice Legal Defense Fund, Bozeman, MT; Nathaniel S.W. Lawrence, Natural Resources Defense Council, Olympia, WA, for defendants-intervenors-appellants Idaho Conservation League, et al.

Raymond B. Ludwiszewski (argued), Peter E. Seley, Hassan A. Zavareei, Gibson, Dunn, & Crutcher, Washington, DC, for plaintiffs-appellees Kootenai Tribe of Idaho, et al.

Alan G. Lance, Idaho Attorney General, Clive J. Strong, Deputy Attorney General, Chief, Natural Resources Division, Steven W. Strack (argued), Deputy Attorney General, Natural Resources Division, Boise, ID, for plaintiffs-appellees State of Idaho ex. rel. Dirk Kempthorne, et al.

Patrick Parenteau (argued), Vermont Law School, South Royalton, VT, for defendant-intervenor-appellant Forest Service Employees for Environmental Ethics.

Daniel J. Popeo, Paul D. Kamenar, Richard A. Samp, Washington Legal Foundation, Washington DC, for amici curiae Washington Legal Foundation and United States Senators Larry E. Craig and Mark Dayton.

Mike McGrath, Montana Attorney General, and Candace F. West, Assistant Attorney General, Helena, MT, for amicus curiae Montana Attorney General Mike McGrath.

Before FERGUSON, KLEINFELD and GOULD, Circuit Judges.


Opinion by Judge GOULD; Partial Concurrence and Partial Dissent by Judge KLEINFELD.

OPINION

GOULD, Circuit Judge:

I

This case involves procedural challenges to a United States Forest Service rule, known commonly as the "Roadless Rule," with a potential environmental impact restricting development in national forest lands representing about two percent of the United States land mass.

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