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BIG MEADOWS GRAZING ASSN. v. U.S.

No. 02-35764.

344 F.3d 940 (2003)

Big Meadows Grazing Association, Plaintiff-Appellant, v. UNITED STATES of America, by and through; Ann M. Veneman, in her capacity as Secretary of the Department of Agriculture; Shirley Gammon, in her capacity as State Conservationist (for the State of Montana) with the Natural Resources and Conservation Service, an agency of the Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2003.

Attorney(s) appearing for the Case

Kent P. Saxby, Johnson, Berg, McEvoy & Bostock, PLLP, Kalispell, Montana, for the plaintiff-appellant.

Robert R. Klotz, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: James R. Browning, Arthur L. Alarcón, and Richard R. Clifton, Circuit Judges.

Argued and Submitted August 6, 2003 — Seattle, Washington.

CLIFTON, Circuit Judge.

No less than half of the wetlands1 in the continental United States have been destroyed since 1600.2 To counter this trend, the Natural Resource Conservation Service of the Department of Agriculture established the Wetlands Reserve Program (the "WRP") to provide landowners an opportunity to protect, restore, and...

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