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AMERICAN WHITEWATER v. TIDWELL

Civil Action No. 8:09-2665-MGL.

959 F.Supp.2d 839 (2013)

AMERICAN WHITEWATER; American Canoe Association; Georgia Canoeing Association; Atlanta Whitewater Club; Foothills Paddling Club; Western Carolina Paddlers; Joseph C. Stubbs; Bruce A. Hare and Kenneth L. Strickland, Plaintiffs, v. Thomas TIDWELL, in his official capacity as Chief of the United States Forest Service; the United States Forest Service, an agency of the United States Department of Agriculture; Thomas Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; and the United States Department of Agriculture, Defendants, Richard Rust; Henry Rust; Goodenow, LLC; and Georgia ForestWatch, Intervenors.

United States District Court, D. South Carolina, Anderson Division.

July 30, 2013.

Attorney(s) appearing for the Case

Cecil Huron Nelson, Jr. , J. Nathan Galbreath , Nelson Galbreath, Greenville, SC, Jeffrey Prudhomme , Patton Boggs, Dallas, TX, R. Brian Hendrix , Patton Boggs, Washington, DC, for Plaintiffs.

John H. Douglas , U.S. Attorneys Office, Charleston, SC, John Pershing Tustin , U.S. Department of Justice, Washington, DC, for Defendants.

Alan Rhys Jenkins , Jenkins at Law, Marietta, GA, William Stevens Brown , Anna Elizabeth Hamilton , Nelson Mullins Riley and Scarborough, Greenville, SC, Henry L. Hamilton , Christopher Alan Brookhart , Hamilton and Associates, Columbia, SC, for Intervenors.

AMENDED ORDER and OPINION

MARY G. LEWIS, District Judge.

Plaintiffs American Whitewater, American Canoe Association, Georgia Canoeing Association, Atlanta Whitewater Club, Foothills Paddling Club, Western Carolina Paddlers, Joseph C. Stubbs, Kenneth L. Strickland, and Bruce A. Hare (collectively "Plaintiffs" or "American Whitewater")1 brought this action alleging that the United States Department of Agriculture ("USDA...

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