Greater Yellowstone Coalition; Jackson Hole Alliance Forresponsible Planning; American Buffalo Foundation;gallatin Wildlife Association; Defenders of Wildlife;david A. Ritchey, Plaintiffs-appellants, v. Bruce Babbitt, Secretary, United States Department Ofinterior; Roger Kennedy, Director, National Park Service;michael Finley, Superintendent, Yellowstone National Park;daniel Glickman, Secretary, United States Department Ofagriculture; Jack Ward Thomas, Chief, United States Forestservice; Terry Medley, Administrator, Animal and Planthealth Inspection Service, Defendants-appellees,andstate of Montana; Marc Racicot, Governor of the State Ofmontana, Defendants-intervenors-appellees.intertribal Bison Cooperative; Defenders of Wildlife;greater Yellowstone Coalition; Jackson Holealliance for Responsible Planning;david A. Ritchey Plaintiffs-appellants, v. Bruce Babbitt, in His Official Capacity As Secretary of Theinterior, Denis Galvin, in His Official Capacity As Actingdeputy Director of the National Park Service; Michaelfinley, in His Official Capacity As Superintendent Ofyellowstone National Park; Michael Dombeck, in His Officialcapacity As Chief of the United States Forest Service;terry Medley, in His Official Capacity As Governor of Thestate of Montana; Laurence Peterson, in His Officialcapacity As Executive Officer of the Montana Department Oflivestock; State of Montana, Department of Livestock, a State Agency;patrick J. Graham, in His Official Capacity As Director Ofmontana Department of Fish, Wildlife and Parks;state of Montana, Department of Fish,wildlife and Parks,defendants-appellees, 175 F.3d 1149 (9th Cir. 1999)

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US Court of Appeals for the Ninth Circuit - 175 F.3d 1149 (9th Cir. 1999) Argued and Submitted April 13, 1999. Decided May 6, 1999

James S. Angell, Earthjustice Legal Defense Fund, Bozeman, Montana, for the plaintiffs-appellants.

Andrew Mergen, United States Department of Justice, Washington, D.C., for the defendants-appellees.

John E. Bloomquist, Doney, Crowley, Bloomquist & Uda, Helena, Montana, for the intervenors-appellees.

Appeals from the United States District Court for the District of Montana; Charles C. Lovell, District Judge, Presiding. D.C. No. CV-96-00082-CCL.

Before: PREGERSON and THOMPSON, Circuit Judges, and KELLEHER,1  Senior District Judge.


We affirm for reasons set forth in the district court's well-reasoned opinion and order reported at Intertribal Bison Cooperative, et al., v. Babbitt, 25 F. Supp. 2d 1135 (D. Mont. 1998).



The Honorable Robert J. Kelleher, Senior United States District Judge for the Central District of California, sitting by designation