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MONTANA WILDERNESS ASS'N. v. U.S. FOREST SERVICE

Nos. 01-35690, 01-35713.

314 F.3d 1146 (2003)

MONTANA WILDERNESS ASSOCIATION, INC.; Friends of the Bitterroot, Inc.; American Wildlands, Inc., Plaintiffs-Appellees, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture; Dan Glickman, Secretary of the U.S. Department of Agriculture; Hal Salwasser, Regional Forester for Region One, U.S. Forest Service; Jack Ward Thomas, Chief, U.S. Forest Service, Defendants, Middlefork Property Owners Association, Defendant-Intervenor, and Blue Ribbon Coalition, Inc.; Montana Snowmobile Association; Montana 4X4 Association; High County Trail Riders Association; Montana Trail Vehicle Riders Association; Rimrock 4X4, Inc.; Montana High Country Tours; Bitterroot Adventures; Sneed's Cycle and Sled, Defendants-Intervenors-Appellants. Montana Wilderness Association, Inc.; Friends of the Bitterroot, Inc.; American Wildlands, Inc., Plaintiffs-Appellees, v. United States Forest Service, an agency of the U.S. Department of Agriculture; Dan Glickman, Secretary of the U.S. Department of Agriculture; Hal Salwasser, Regional Forester for Region One, U.S. Forest Service; Jack Ward Thomas, Chief, U.S. Forest Service, Defendants-Appellants, and Blue Ribbon Coalition, Inc.; Montana Snowmobile Association; Montana 4X4 Association; High County Trail Riders Association; Montana Trail Vehicle Riders Association; Rimrock 4X4, Inc.; Montana High Country Tours; Bitterroot Adventures; Sneed's Cycle and Sled, Middlefork Property Owners Association, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed January 6, 2003.

Attorney(s) appearing for the Case

Tamara N. Rountree, U.S. Department of Justice, Washington, DC, for the defendants-appellants.

Paul A. Turcke, Moore Smith Buxton & Turcke, Chtd., Boise, ID, for the defendants-intervenors-appellants.

Jack R. Tuholske, Missoula, MO, for the plaintiffs-appellees.

Before TROTT, T.G. NELSON and THOMAS, Circuit Judges.

OPINION

TROTT, Circuit Judge:

The United States Forest Service ("Forest Service") and Intervenors, Blue Ribbon Coalition, Inc., et al., appeal the district court's order (1) determining that it had subject matter jurisdiction over this action under the Administrative Procedures Act ("APA"), and (2) granting the Montana Wilderness Association ("Wilderness Association") summary judgment. We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part...

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