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FOREST SERVICE EMPLOYEES v. U.S. FOREST SERVICE

No. CV 03-165-M-DWM.

397 F.Supp.2d 1241 (2005)

FOREST SERVICE EMPLOYEES FOR ENVIRONMENTAL ETHICS, Plaintiff, v. UNITED STATES FOREST SERVICE, an agency of the United States Department of Agriculture, Defendant.

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

September 30, 2005.

Attorney(s) appearing for the Case

Timothy A. Bechtold, Rossbach Hart Bechtold, Missoula, MT, Charles M. Tebbutt, Western Environmental Law Center, Eugene, OR, Marc D. Fink, Western Environmental Law Center, Boise, ID, for Plaintiff.

William W. Mercer, Mark Steger Smith, Office of the U.S. Attorney, Billings, MT, Thomas L. Sansonetti, U.S. Department of Justice — E. N.R.D. General Litigation, Washington, DC, for Defendant.

ORDER

MOLLOY, Chief Judge.

I. Statement of Facts

A. Background on wildfire and the FS use of chemical fire retardant

Fighting wildfires is a prominent and expensive land management task: in 2001 the United States Forest Service (USFS) was appropriated $611 million for firefighter preparedness and $320 million to fight wildfires. In the 2003 fire season a total of 3.960,842 acres...

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