The NORTHERN CHEYENNE TRIBE, a federally recognized Indian tribe; Native Action, a Montana non-profit corporation, Plaintiffs-Appellants,
v.
Gale NORTON, Secretary of the Interior; Kathleen Clarke, Director, Bureau of Land Management; Martin Ott, Montana State Director, Bureau of Land Management, Defendants-Appellees,
Fidelity Exploration and Production Company; Anadarko Petroleum Corporation; Devon Energy Corporation; Powder River Gas LLC; Pinnacle Gas Resources, Inc., Defendants-Intervenors-Appellees.
Northern Plains Resource Council, Plaintiff-Appellant,
v.
Gale Norton, Secretary of the Interior; Kathleen Clarke, Director, Bureau of Land Management; Martin Ott, Montana State Director, Bureau of Land Management; United States Bureau of Land Management, Defendants-Appellees,
Fidelity Exploration and Production Company; Anadarko Petroleum Corporation; Devon Energy Corporation; Powder River Gas LLC; Pinnacle Gas Resources, Inc., Defendants-Intervenors-Appellees.
The Northern Cheyenne Tribe, a federally recognized Indian tribe; Native Action, a Montana non-profit corporation; Northern Plains Resource Council, Plaintiffs-Appellees,
v.
Gale Norton, Secretary of the Interior; Kathleen Clarke, Director, Bureau of Land Management; Martin Ott, Montana State Director, Bureau of Land Management; United States Bureau of Land Management, Defendants-Appellants, and
Fidelity Exploration and Production Company; Anadarko Petroleum Corporation; Devon Energy Corporation; Powder River Gas LLC; Pinnacle Gas Resources, Inc., Defendants-Intervenors.
The Northern Cheyenne Tribe, a federally recognized Indian tribe; Native Action, a Montana non-profit corporation; Northern Plains Resource Council, Plaintiffs-Appellees,
v.
Gale Norton, Secretary of the Interior; Kathleen Clarke, Director, Bureau of Land Management; Martin Ott, Montana State Director, Bureau of Land Management; United States Bureau of Land Management, Defendants, and
Fidelity Exploration and Production Company, Defendants-Intervenors-Appellant.
The Northern Cheyenne Tribe, a federally recognized Indian tribe; Native Action, a Montana non-profit corporation; Northern Plains Resource Council, Plaintiffs-Appellees,
v.
Gale Norton, Secretary of the Interior; Kathleen Clarke, Director, Bureau of Land Management; Martin Ott, Montana State Director, Bureau of Land Management; United States Bureau of Land Management, Defendants,
Fidelity Exploration and Production Company, Defendant-Intervenor, and
Anadarko Petroleum Corporation; Devon Energy Corporation; Pinnacle Gas Resources, Inc., Defendants-Intervenors-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 15, 2005.
Filed September 11, 2007.
Attorney(s) appearing for the Case
Jack R. Tuholske, Tuholske Law Office, PC, Missoula, MT, for appellants Northern Plains Resource Council.
John B. Arum (argued) and Brian C. Gruber (briefed), Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, and Joe A. Rodriguez (briefed), Law Offices of Joe A. Rodriguez, Lame Deer, MT, for appellants Northern Cheyenne Tribe and Native Action, Inc.
John T. Stahr, U.S. Department of Justice, Environmental & Natural Resources, Washington, DC, for the appellees.
John C. Martin, Patton Boggs LLP, Washington, DC, for intervenors-appellees Pinnacle Gas Resources, Inc., Devon Energy Corporation, and Anadarko Petroleum Corporation.
Jon Metropoulos, Gough, Shanahan, Johnson & Waterman, Helena, MT, for intervenor-appellee Fidelity Exploration & Production Company.
Jason S. Ritchie (briefed), Holland & Hart LLP, Billings, MT, for amicus curiae Nance Petroleum Corporation.
Jay Jerde (briefed), Deputy Attorney General, Wyoming Attorney General's Office, Cheyenne, WY, for amicus curiae State of Wyoming.
Nancy L. Rohde (briefed), Big Horn County Attorney's Office, Hardin, MT, for amicus curiae Big Horn County, Montana.
Before: MARY M. SCHROEDER, Chief Circuit Judge, ARTHUR L. ALARCÓN and ANDREW J. KLEINFELD, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge KLEINFELD; Dissent by Chief Judge SCHROEDER.
KLEINFELD, Circuit Judge:
This appeal challenges an injunction limiting but not entirely prohibiting coal bed methane development while the Bureau of Land Management expands an environmental impact statement.1
Facts
The Powder River Basin in Montana and Wyoming is the largest coal deposit in the United States and among the largest in the world. For...
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