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IZAAK WALTON LEAGUE OF AMERICA, INC. v. KIMBELL

Nos. 07-3689, 07-3696, 08-1167.

558 F.3d 751 (2009)

IZAAK WALTON LEAGUE OF AMERICA, INC., Plaintiff, Wilderness Watch; Sierra Club Northstar Chapter; Northeastern Minnesotans for Wilderness, Plaintiffs-Appellants/Cross-Appellees, v. Abigail KIMBELL, Chief of the United States Forest Service; Mike Johanns, Secretary of Agriculture, Defendants-Appellees, Conservationists With Common Sense; Cook County, a Political Subdivision of the State of Minnesota; Arrowhead Coalition for Multiple Use, Intervenors-Appellees/Cross-Appellants, Minnesota Department of Natural Resources; Grand Portage Band of the Minnesota Tribe, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2009.

Attorney(s) appearing for the Case

Brian B. O'Neill, argued, Richard A. Duncan, Jonathan W. Dettmann and Kristen M. Gast, on the brief, Minneapolis, MN, for appellants/cross-appellees, Wilderness Watch, Sierra Club Northstar Chapter, and Northeastern Minnesotans for Wilderness.

Robert Harris Oakley, argued, Washington, D.C., Aaron P. Avila, Rachel A. Dougan, USDOJ, Washington, D.C., Ronald J. Tenpas, AAG, Washington, D.C., and David W. Fuller, AUSA, Minneapolis, MN, on the brief, for appellees, Abigail Kimbell and Mike Johanns.

David R. Oberstar, argued, Duluth, MN, for appellees Conservationists With Common Sense, Cook County and Arrowhead Coalition for Multiple Use in 07-3689 and 08-1167.

David R. Oberstar, I, argued, Duluth, MN, for appellees/cross-appellants Cook County, Arrowhead Coalition for Multiple Use, and Conservationists With Common Sense in 07-3696.

David P. Iverson, AAG, on the brief, St. Paul, MN, for amicus party MN Department of Natural Resources.

Mark A. Anderson, William A. Szotkowski, and Sara K. Van Norman, on the brief, St. Paul, MN, for amicus party Grand Portage Bank of the MN Chippewa Tribe.

Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Wilderness Watch, Sierra Club North Star Chapter, and Northeastern Minnesotans for Wilderness (collectively "Wilderness Watch") brought suit against Abigail Kimbell, Chief of the United States Forest Service, and Ed Schafer, Secretary of the United States Department of Agriculture (collectively "Forest Service"), alleging that the Forest Service's decision to construct a certain snowmobile trail between McFarland Lake and South Fowl Lake in northeastern...

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