WILDEARTH GUARDIANS v. UNITED STATES FOREST SERV.

No. 21-35936.

70 F.4th 1212 (2023)

WILDEARTH GUARDIANS; Western Watersheds Project; Kettle Range Conservation Group, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Glenn Casamassa, Pacific Northwest Regional Forester; Rodney Smoldon, Forest Supervisor, Defendants-Appellees, Diamond M Ranch, a Washington General Partnership, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2023.


Attorney(s) appearing for the Case

Jennifer Schwartz (argued), Law Office of Jennifer R. Schwartz, Portland, Oregon; Lauren M. Rule , Advocates for the West, Portland, Oregon; Talasi B. Brooks , Western Watersheds Project, Boise, Idaho; for Plaintiffs-Appellants.

Robert P. Stockman (argued), Andrew C. Mergen , Kevin McArdle , and Michelle Spatz , Attorneys; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Washington, D.C.; Emma Hamilton , Attorney; Environment and Natural Resources Division, United States Department of Justice; Denver, Colorado; Shaun M. Pettigrew , NOAA/Damage Assessment, Seattle, Washington; for Defendants-Appellees.

Chris A. Montgomery , Montgomery Law Firm, Colville, Washington, for Intervenor-Defendant-Appellee.

Dominic M. Carollo , Carollo Law Group LLC, Roseburg, Oregon, for Amicus Curiae Washington Cattleman's Association.

Before: John B. Owens and Eric D. Miller, Circuit Judges, and Dean D. Pregerson, District Judge.


OPINION

When gray wolves prey on livestock in Washington State, the Washington Department of Fish and Wildlife may—or may not—kill the wolves involved: Under state law, the decision whether to do so is committed to the Department's discretion. The United States...

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