No. 19-35351.

996 F.3d 984 (2021)

2-BAR RANCH LIMITED PARTNERSHIP, a Montana limited partnership; Broken Circle Ranch Company, Inc., a Montana profit corporation; R Bar N Ranch, LLC, a Montana limited liability corporation, Plaintiffs-Appellees, v. UNITED STATES FOREST SERVICE, an Agency of the United States Department of Agriculture; Thomas J. Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; Victoria Christiansen, in her official capacity as Chief of the United States Forest Service; Leanne Marten; Cheri Ford, in her official capacity as Forest Supervisor for the Beaverhead-Deerlodge National Forest; Cameron Rasor, in his official capacity as District Ranger for the Pintler Ranger District in the Beaverhead-Deerlodge National Forest, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2021.

Attorney(s) appearing for the Case

Erika B. Kranz (argued) and David Gunter , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Stephen Vaden , General Counsel; Elise Foster , Attorney; United States Department of Agriculture, Washington, D.C.; for Defendants-Appellants.

Calli J. Michaels (argued) and John E. Bloomquist , Bloomquist Law Firm P.C., Dillon, Montana, for Plaintiffs-Appellees.

Abigail J. St. Lawrence , Abigail St. Lawrence Law Firm P.C., Helena, Montana, for Amici Curiae Rocky Mountain Stockgrowers Association and Public Lands Council.

Before: Marsha S. Berzon and Daniel P. Collins, Circuit Judges, and Jennifer Choe-Groves, Judge.


The U.S. Forest Service and other federal defendants (collectively, "the Service") appeal the judgment entered by the district court after the court's grant of partial summary judgment to the plaintiff cattle ranchers (collectively, "Plaintiffs"). We conclude that...

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