MONTANA WILDERNESS ASS'N v. CONNELL

Nos. 11-35818, 11-35821.

725 F.3d 988 (2013)

MONTANA WILDERNESS ASSOCIATION, a nonprofit organization, Plaintiff-Appellant, and The Wilderness Society; Friends of the Missouri Breaks Monument; National Trust for Historic Preservation; Oil and Gas Accountability Project, Plaintiffs, v. Jamie CONNELL, in her official capacity as Director of the Bureau of Land Management's Montana State Office; Mike Pool, in his official capacity as Acting Director of the Bureau of Land Management; Bureau of Land Management, an agency of the United States Department of Interior; United States Department of the Interior, a federal department; Zane Fulbright, in his official capacity as Acting Manager of the Upper Missouri River Breaks National Monument, Defendants-Appellees, Missouri River Stewards; Fergus County; Phillips County; Chouteau County; Blaine County; Recreational Aviation Foundation; Montana Pilots Association, Intervenor-Defendants-Appellees. Montana Wilderness Association, a nonprofit organization, Plaintiff, and The Wilderness Society; Friends of the Missouri Breaks Monument; National Trust for Historic Preservation; Oil and Gas Accountability Project, Plaintiffs-Appellants, v. Jamie Connell, in her official capacity as Director of the Bureau of Land Management's Montana State Office; Mike Pool, in his official capacity as Acting Director of the Bureau of Land Management; Bureau of Land Management, an agency of the United States Department of Interior; United States Department of the Interior, a federal department; Zane Fulbright, in his official capacity as Acting Manager of the Upper Missouri River Breaks National Monument, Defendants-Appellees, Missouri River Stewards; Fergus County; Phillips County; Chouteau County; Blaine County; Recreational Aviation Foundation; Montana Pilots Association, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2013.


Attorney(s) appearing for the Case

Matthew K. Bishop (argued), Western Environmental Law Center, Helena, MT, for Plaintiff-Appellant Montana Wilderness Association.

James S. Angell and Melanie R. Kay (argued), Earthjustice, Denver, CO, for Plaintiffs-Appellants The Wilderness Society, Friends of the Missouri Breaks Monument, National Trust for Historic Preservation and Oil and Gas Accountability Project.

Ignacia S. Moreno , Assistant Attorney General, Tyler Welti , Rachel K. Bowen , David C. Shilton , and Robert P. Stockman (argued), United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Karan Dunnigan and Sarah Shattuck , Office of the Solicitor, United States Department of the Interior, for Defendants-Appellees Jamie Connell, in her official capacity as Director of BLM's Montana State Office; Mike Pool, in his official capacity as Acting Director of the Bureau of Land Management; Bureau of Land Management, an agency of the United States Department of the Interior; United States Department of the Interior, a federal department; Zane Fulbright, in his official capacity as Acting Manager of the Upper Missouri River Breaks National Monument.

Paul A. Turcke (argued), Moore Smith Buxton & Turcke, Chtd., Boise, ID, for Intervenor-Defendants-Appellees Recreational Aviation Foundation and Montana Pilots Association.

Steven J. Lechner (argued) and Jeffrey Wilson McCoy , Mountain States Legal Foundation, Lakewood, CO; Hertha L. Lund , Lund Law, PLLC, Bozeman, MT, for Intervenor-Defendants-Appellees Missouri River Stewards, Fergus County, Phillips County, Chouteau County and Blaine County.

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


OPINION

FISHER, Circuit Judge:

Plaintiff environmental groups challenge the Bureau of Land Management's (BLM) Resource Management Plan (RMP) for the Upper Missouri River Breaks National Monument (Monument). The district court granted summary judgment to the defendants on all claims. We affirm in part, reverse in part and remand. We hold that BLM complied with the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA...

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