Cabinet Mountains Wilderness v. Peterson

MEMORANDUM AND ORDER

GESELL, District Judge.

This case involves a challenge to a decision by the United States Forest Service approving a mineral exploration program by a private company, ASARCO, in the Cabinet Mountains Wilderness area of northwest Montana. The matter is before the Court on cross-motions for summary judgment filed by the plaintiffs, the defendants, and intervenor ASARCO. The issues have been exhaustively briefed and oral argument has been heard.

The positions of the parties can be stated fairly succinctly. The plaintiffs assert that the exploratory drilling area is inhabited by…