Friends of the Earth, Inc. v. Bergland

WEIGEL, District Judge:

Plaintiffs below appeal from an order of the district court granting summary judgment for defendants.2 Plaintiffs seek to challenge the decision of the Secretary of Agriculture, through the United States Forest Service (“Service”), approving a plan submitted by the Johns-Manville Sales Corporation (“JMSC”) to engage in exploratory mining operations in the “Stillwater Complex” of the Custer National Forest. The plan called for JMSC (1) to drill a 3,000 foot exploration adit next to the West Fork of the Stillwater River; (2) to. make spot improvements of approximately six…