WESTERN WATERSHEDS PROJECT v. ABBEY

No. 11-35705.

719 F.3d 1035 (2013)

WESTERN WATERSHEDS PROJECT, a nonprofit organization; Glenn Monahan, in his individual capacity and as a member of Western Watersheds Project; Nancy Schultz, in her individual capacity and as a member of Western Watersheds Project, Plaintiffs-Appellants, v. Bob ABBEY, in his official capacity as Director of the Bureau of Land Management, an agency of the United States; Gary Slagel, in his official capacity as Manager of the Upper Missouri River Breaks National Monument; Gene R. Terland, in his official capacity as BLM Montana State Director; Gary L. Benes, in his official capacity as Field Manager of BLM's Lewistown Field Office; Bureau of Land Management, an agency of the United States Department of Interior, Defendants-Appellees, and Blaine County; Chouteau County; Fergus County; Missouri River Stewards; Phillips County, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2013.


Attorney(s) appearing for the Case

Thomas J. Woodbury , Western Watersheds Project, Missoula, MT, for Plaintiffs-Appellants.

Robert Parke Stockman (argued), Ignacia S. Moreno , Assistant Attorney General, Tyler Welti , Rachel K. Bowen , and David C. Shilton , United States Department of Justice, Environment & Natural Resources Division, Washington D.C.; Sarah Shattuck and Karan Dunnigan , Of Counsel, Office of the Solicitor General, United States Department of the Interior, Washington D.C., for Defendants-Appellees.

Hertha L. Lund (argued), Lund Law, Bozeman, MT; Steven J. Lechner and Jeffrey Wilson McCoy , Mountain States Legal Foundation, Lakewood, CO, for Intervenors-Appellees.

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


OPINION

GOULD, Circuit Judge:

More than two-hundred years ago, the Upper Missouri River Breaks enchanted Lewis and Clark as they traveled westward through what is now north-central Montana. Proclamation No. 7398, 3 C.F.R. § 7398 (2002). The explorers marveled at the area's "most romantic appearance," with white sandstone bluffs that seemed "to rival the human art of masonry." Id. They admired the abundant wildlife and observed big-horn sheep...

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