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WILDEARTH GUARDIANS v. U.S. FOREST SERVICE

Civil Action No. 08-cv-02167-MSK.

828 F.Supp.2d 1223 (2011)

WILDEARTH GUARDIANS, a not-for-profit corporation, Plaintiff, v. UNITED STATES FOREST SERVICE, a federal agency within the U.S. Department of Agriculture; Charles S. Richmond, in his official capacity as Supervisor of the Grand Mesa, Uncompahgre, Gunnison National Forest; United States Department of the Interior, a federal agency; Wilma Lewis, in her official capacity as Assistant Secretary, Land and Minerals Management, U.S. Department of the Interior, Defendants, and Mountain Coal Company, Intervenor-Defendant.

United States District Court, D. Colorado.

October 31, 2011.

Attorney(s) appearing for the Case

Edward Breckenridge Zukoski , Melanie R. Kay , EarthJustice Legal Defense Fund, Denver, CO, for Plaintiff.

Gregory Daniel Page , U.S. Department of Justice, Washington, DC, for Defendants.

Stephen D. Bell , Dorsey & Whitney, LLP, Denver, CO, for Intervenor-Defendant.

OPINION AND ORDER AFFIRMING AGENCY ACTION

MARCIA S. KRIEGER, District Judge.

THIS MATTER comes before the Court for resolution of the merits of this administrative agency appeal. The Court has reviewed the record including the parties' briefs (# 84, 92, 97, 94) and Mountain Coal Company's ("MCC") submission of supplemental authority (# 99).

Exercising jurisdiction pursuant...

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