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FOREST SERVICE EMPLOYEES v. U.S. FOREST SERVICE

No. CV-03-165-M-DWM.

530 F.Supp.2d 1126 (2008)

FOREST SERVICE EMPLOYEES FOR ENVIRONMENTAL ETHICS, Plaintiff, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Dept. of Agriculture, Defendant.

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

January 11, 2008.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Eugene, OR, Marc D. Fink, Attorney at Law, Duluth, MN, Timothy M. Bechtold, Rossbach Hart Bechtold, Missoula, MT, for Plaintiff.

Mark Steger Smith, William W. Mercer, Office of the U.S. Attorney, Billings, MT, Thomas L. Sansonetti, U.S. Department of Justice, General Litigation, Washington, DC, Emma T. Pawlicki, Pacific Legal Foundation, Sacramento, CA, for Defendant.

ORDER

DONALD W. MOLLOY, Chief Judge.

The environmental laws and policy in this nation are set by Congress. Congress enacted the laws at issue in this case, the National Environmental Policy Act ("NEPA") and the Endangered Species Act ("ESA"). Executive agencies — here, the United States Forest Service — must execute the laws Congress enacts. The obligation is to faithfully execute the laws. The Forest Service has, throughout these proceedings...

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