NATIVE ECOSYSTEMS COUNCIL v. TIDWELL

No. 06-35890.

599 F.3d 926 (2010)

NATIVE ECOSYSTEMS COUNCIL; Alliance For the Wild Rockies Wildwest Institute, Plaintiffs-Appellants, v. Tom TIDWELL, in his official capacity as Northern Region Regional Forester; Bruce Ramsey, in his official capacity as Supervisor of the Beaverland-Deerlodge National Forest; Mark Petroni, in his official capacity as District Ranger of the Madison River Ranger District of the Beaverhead-Deerlodge National Forest; United States Forest Service, an agency of the U.S. Department of Agriculture, Defendants-Appellees, Madison County; Beaverhead County, Montana, Defendants-intervenors-Appellees, Sitz Angus Ranch; Gary L. Clark; Moose Creek Grazing Association; Max L. Robinson, Sr.; Max J. Robinson, Jr.; Montana Stockgrowers Association; Montana Wool Growers Association, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2010.


Attorney(s) appearing for the Case

Thomas J. Woodbury, Missoula, MT, on behalf of plaintiff-appellants Native Ecosystems Council, Alliance for the Wild Rockies, and Wildwest Institute.

Robert H. Oakley, Washington, D.C., on behalf of defendant-appellees Tom Tidwell, Bruce Ramsey, Mark Petroni, and the United States Forest Service.

John E. Bloomquist, Helena, MT, on behalf of intervenor-appellees Sitz Angus Ranch, Gary L. Clark, Moorse Creek Grazing Association, Max L. Robinson Sr., Max L. Robinson, Jr., Montana Stockgrowers Association, and Montana Wool Growers.

Opinion by Judge RAWLINSON; Dissent by Chief Judge KOZINSKI.


RAWLINSON, Circuit Judge:

Plaintiffs-Appellants Native Ecosystems Council, Alliance for the Wild Rockies, and Wildwest Institute (collectively NEC) appeal the district court's summary judgment in favor of Defendants-Appellees Tom Tidwell, Bruce Ramsey, Mark Petroni, and the United States Forest Service (collectively Forest Service); Defendants-Intervenors-Appellees Madison County and Beaverhead County; and Intervenors-Appellees...

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