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NATIONAL PARKS CONSERVATION ASS'N v. MANSON

No. 04-5327.

414 F.3d 1 (2005)

NATIONAL PARKS CONSERVATION ASSOCIATION, et al., Appellants v. Craig MANSON, in his official capacity as Assistant Secretary of Interior, Fish and Wildlife and Parks, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2005.

Attorney(s) appearing for the Case

Abigail M. Dillen argued the cause for appellants. On the briefs were Timothy J. Preso and Douglas L. Honnold.

Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were David C. Shilton and Eric G. Hostetler, Attorneys.

Before: SENTELLE, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The Bull Mountain Power Company sought permission from a state agency to construct a coal-fired, electric generating plant in Roundup, Montana, in the vicinity of Yellowstone National Park and a federal wilderness area. The state agency issued a permit after receiving a letter from an official of the Department of the Interior stating that the power plant would not

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