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DEFENDERS OF WILDLIFE v. UNITED STATES ARMY CORPS OF ENGINEERS

No. CV-15-14-GF-BMM.

DEFENDERS OF WILDLIFE, and NATURAL RESOURCE DEFENSE COUNCIL, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; UNITED STATES BUREAU OF RECLAMATION; and UNITED STATES FISH AND WILDLIFE SERVICE, Defendants, and LOWER YELLOWSTONE IRRIGATION PROJECT BOARD OF CONTROL, SAVAGE IRRIGATION DISTRICT, and INTAKE IRRIGATION DISTRICT, Defendant-Intervenors.

United States District Court, D. Montana, Great Falls Division.

April 19, 2017.

Editors Note
Applicable Law: 16 U.S.C. § 1538
Cause: 16 U.S.C. § 1538 Endangered Species Act
Nature of Suit: 893 Environmental Matters
Source: PACER

Attorney(s) appearing for the Case

Defenders of Wildlife, Plaintiff, represented by McCrystie Adams , DEFENDERS OF WILDLIFE, pro hac vice.

Defenders of Wildlife, Plaintiff, represented by Michelle Uberuaga , MICHELLE UBERUAGA Z., PLLC & William S. Eubanks, II , MEYER GLITZENSTEIN & EUBANKS LLP, pro hac vice.

Natural Resources Defense Council, Plaintiff, represented by McCrystie Adams , DEFENDERS OF WILDLIFE, pro hac vice, Michelle Uberuaga , MICHELLE UBERUAGA Z., PLLC & William S. Eubanks, II , MEYER GLITZENSTEIN & EUBANKS LLP, pro hac vice.

United States Army Corps of Engineers, Defendant, represented by Coby Howell , OFFICE OF THE U.S. ATTORNEY, Daniel W. Pinkston , U.S. Department of Justice, Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY & Matthew M. Marinelli , U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION.

United States Bureau of Reclamation, Defendant, represented by Coby Howell , OFFICE OF THE U.S. ATTORNEY, Daniel W. Pinkston , U.S. Department of Justice, Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY & Matthew M. Marinelli , U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION.

United States Fish and Wildlife Service, Defendant, represented by Coby Howell , OFFICE OF THE U.S. ATTORNEY, Daniel W. Pinkston , U.S. Department of Justice, Mark Steger Smith , OFFICE OF THE U.S. ATTORNEY & Matthew M. Marinelli , U.S. DEPARTMENT OF JUSTICE - E.N.R.D. GENERAL LITIGATION.

Lower Yellowstone Irrigation Project Board of Control, Intervenor Defendant, represented by Mark L. Stermitz , CROWLEY FLECK PLLP & Victoria A. Marquis , CROWLEY FLECK PLLP.

Savage Irrigation District, Intervenor Defendant, represented by Mark L. Stermitz , CROWLEY FLECK PLLP & Victoria A. Marquis , CROWLEY FLECK PLLP.

Intake Irrigation District, Intervenor Defendant, represented by Mark L. Stermitz , CROWLEY FLECK PLLP & Victoria A. Marquis , CROWLEY FLECK PLLP.

State of Montana, Amicus, represented by Anne W. Yates , STATE OF MONTANA - OFFICE OF CONSUMER PROTECTION, Brian C. Bramblett , MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Alan Lynn Joscelyn , MONTANA DEPARTMENT OF JUSTICE & Dale M. Schowengerdt , MONTANA DEPARTMENT OF JUSTICE.

Montana Department of Fish, Wildlife and Parks, Amicus, represented by William A. Schenk , MONTANA DEPARTMENT OF FISH WILDLIFE AND PARKS.

Office of the Attorney General, Amicus, represented by Alan Lynn Joscelyn , MONTANA DEPARTMENT OF JUSTICE & Dale M. Schowengerdt , MONTANA DEPARTMENT OF JUSTICE.

Montana Chapter of American Fisheries Society, Amicus, represented by Brian K. Gallik , GALLIK & BREMER, P.C..

ORDER REGARDING DEFENDANTS' MOTION FOR PARTIAL DISMISSAL AND TO DISSOLVE THE PRELIMINARY INJUNCTION; PLAINTIFFS' MOTION FOR LEAVE TO FILE A FOURTH SUPPLEMENTAL AND AMENDED COMPLAINT; AND PLAINTIFFS' MOTION FOR LEAVE TO FILE SURREPLY

I. Background

The United States Fish and...

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