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CITIZENS FOR BALANCED USE v. MONTANA WILDERNESS

No. 10-35823.

647 F.3d 893 (2011)

CITIZENS FOR BALANCED USE, Plaintiff-Appellee, v. MONTANA WILDERNESS ASSOCIATION; Greater Yellowstone Coalition; the Wilderness Society, Applicants-in-intervention-Appellants, and Mary Erickson, Gallatin National Forest Supervisor; United States Forest Service, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2011.

Attorney(s) appearing for the Case

Douglas L. Honnold , Timothy J. Preso , Sean M. Helle (argued), and Jenny K. Harbine , Earthjustice, Bozeman, MT, for applicants-in-intervention-appellants Montana Wilderness Association, Greater Yellowstone Coalition, and the Wilderness Society.

Catherine A. Laughner , Mary Christina Surr McCann , and Kyle W. Nelson (argued), Browning, Kaleczyc, Berry & Hoven, P.C., Bozeman, MT, for plaintiff-appellee Citizens for Balanced Use.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Three conservation groups, Montana Wilderness Association, Greater Yellowstone Coalition, and The Wilderness Society (collectively, "Applicants") appeal from the denial of their motion to intervene on the side of the defendants in an action brought by Citizens for Balanced Use ("CBU") against Mary Erickson, in her official capacity as Supervisor of the Gallatin National Forest, and the United States Forest Service ("Forest Service...

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