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GREATER YELLOWSTONE COALITION v. LEWIS

No. 09-35729.

628 F.3d 1143 (2010)

GREATER YELLOWSTONE COALITION; Natural Resources Defense Council; Sierra Club; Defenders of Wildlife, Plaintiffs-Appellants, v. Wilma A. LEWIS; Tom Tidwell; Robert V. Abbey; Thomas J. Vilsack; Ken Salazar; Brent Larson, Supervisor, Caribou-Targhee National Forest, Defendants-Appellees, J.R. Simplot Company; United Steelworkers Local 632; City of Pocatello; City of Chubbuck; City of Soda Springs; Power County; Caribou County; Bannock County; Idaho Farm Bureau Federation; Town of Afton, Wyoming; Lincoln County, Wyoming, Defendant-intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2010.

As Amended January 25, 2011.

Attorney(s) appearing for the Case

Timothy J. Preso and Douglas L. Honnold ; Earthjustice; Bozeman, MT; attorneys for the appellants.

Robert H. Foster , Aaron P. Avila , and Justin R. Pidot ; United States Department of Justice; Washington, D.C.; attorneys for the appellees.

David H. Maguire ; Maguire & Penrod; Pocatello, ID; and James Sanderson ; Afton, WY; attorneys for intervenor-defendants United Steelworkers Local 632; Idaho Farm Bureau Federation; City of Pocatello, ID; City of Soda Springs, ID; City of Afton, WY; Power County, ID; Bannock County, ID; Caribou County, ID; and Lincoln County, WY.

Albert P. Barker and Paul L. Arrington ; Barker Rosholt & Simpson, LLP; Boise, ID, attorneys for intervenor-defendant J.R. Simplot Company.

Opinion by Judge THOMAS; Dissent by Judge B. FLETCHER.

OPINION

THOMAS, Circuit Judge:

Greater Yellowstone Coalition, Natural Resources Defense Council, Sierra Club, and Defenders of Wildlife (collectively "Greater Yellowstone") appeal the district court grant of summary judgment on Greater Yellowstone's action claiming that the expansion of the J.R. Simplot Smoky Canyon Mine would violate the National Environmental Policy Act ("NEPA"), the Clean Water Act ("CWA"), and the National Forest Management Act ("NFMA...

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