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COLD MOUNTAIN v. GARBER

No. 03-35474.

375 F.3d 884 (2004)

COLD MOUNTAIN; Cold Rivers, Inc.; Buffalo Field Campaign; Ecology Center, Inc., Plaintiffs-Appellants, v. David P. GARBER, Supervisor, Gallatin National Forest; United States Forest Service; Dale Bosworth, Chief of the U.S. Forest Service; Ann Venneman, Secretary of Agriculture; Fish and Wildlife Service; Gale A. Norton, Secretary of the Department of the Interior; National Park Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2004.

As Amended August 9, 2004.

Attorney(s) appearing for the Case

Thomas J. Woodbury (argued), Missoula, MT, for the plaintiffs-appellants.

Thomas A. Sansonetti, Assistant Attorney General; David Shilton, John Almeida, Susan Henderson, and Susan Pacholski (argued), Attorneys, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, for the defendants-appellees.

John Bloomquist and David R. Stewart, Helena, MT, filed a brief for amicus curiae Montana Department of Livestock in support of the defendants-appellees.

Before O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the United States Forest Service's issuance of a permit to operate a bison capture facility in Montana violated the Endangered Species Act or the National Environmental Policy Act.

I

On the precipice of extinction in the early twentieth century, the Yellowstone bison herd has been pulled back from the brink by careful management.1 Yet the annual migration of bison out...

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