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KSANKA KUPAQA XA'LCIN v. U.S. FISH AND WILDLIFE

CV 19-20-M-DWM.

534 F.Supp.3d 1261 (2021)

KSANKA KUPAQA XA'LCIN, et al., Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, et al., Defendants, and RC Resources, Inc., Defendant-Intervenor.

United States District Court, D. Montana, Missoula Division.

Signed April 14, 2021.

Attorney(s) appearing for the Case

Elizabeth B. Forsyth , Pro Hac Vice, Earthjustice, Seattle, WA, Katherine K. O'Brien , Earthjustice Legal Defense Fund, Bozeman, MT, for Plaintiffs.

Devon Lea Flanagan , Davis Aaron Backer , U.S. Department of Justice — E.N.R.D. General Litigation, Washington, DC, John M. Newman , U.S. Attorney's Office, Missoula, MT, Mark Steger Smith , U.S. Attorney's Office, Billings, MT, Michael Richard Eitel, U.S. Department of Justice, Environment and Natural Resources Division, Denver, CO, for Defendants United States Fish and Wildlife Service, Chad W. Benson, United States Forest Service.

Paul J. Lopach , Robert Tuchman , Bryan Cave Leighton Paisner, LLP, Denver, CO, for Defendant-Intervenor.

OPINION and ORDER

This case again challenges decisions by the United States Fish and Wildlife Service and the United States Forest Service (collectively "Federal Defendants") regarding the Rock Creek Mine Project, a proposed mine beneath and adjacent to the Cabinet Mountains Wilderness. The substantive...

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