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RATTLESNAKE COALITION v. U.S.E.P.A.

No. 05-36097.

509 F.3d 1095 (2007)

The RATTLESNAKE COALITION, Plaintiff-Appellant, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States; Michael O. Leavitt, Administrator of the U.S. EPA; City of Missoula, a municipality organized under the laws of Montana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2007.

Attorney(s) appearing for the Case

Craig Murdock, San Francisco, CA; Carolyn K. Vinci, Missoula, MT, for plaintiff-appellant, The Rattlesnake Coalition.

Marilyn Kuray, Office of General Counsel, Environmental Protection Agency, Washington, DC; Sue Ellen Wooldridge, Assistant United States Attorney General, Washington, DC; David C. Shilton, Lauren Fischer, Jennifer L. Scheller, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for defendant-appellee, United States of America.

Jim Nugent, City Attorney, and Susan A. Firth, Deputy City Attorney, Missoula, MT, for defendant-appellee, City of Missoula.

Before: B. FLETCHER, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

The Rattlesnake Coalition ("The Coalition") appeals the district court's dismissal for lack of subject matter jurisdiction and lack of standing of its action against the United States Environmental Protection Agency ("the EPA"), the Administrator of the EPA, and the City of Missoula ("Missoula"). The Coalition brought suit under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321, seeking injunctive, declaratory, and other relief...

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