1—Cold Mountain Cold Rivers Complaint

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

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COLD MOUNTAIN, COLD RIVERS, INC.;
BUFFALO FIELD CAMPAIGN, and
THE ECOLOGY CENTER, INC.

No.

Plaintiffs,

COMPLAINT AND DEMAND
FOR DECLARATORY AND
INJUNCTIVE RELIEF

-vs-

MONTANA DEPARMENT OF
LIVESTOCK; DAVID GARBER,
SUPERVISOR, GALLATIN NATIONAL
FOREST; UNITED STATES
FOREST SERVICE; DALE BOSWORTH,
CHIEF OF THE FOREST SERVICE;
ANN VENNEMAN, SECRETARY OF
AGRICULTURE;UNITED STATES FISH
AND WILDLIFE SERVICE;
GAIL NORTON, SECRETARY
OF INTERIOR; and NATIONAL PARK
SERVICE,

Defendants.

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I.

INTRODUCTION

1.

In this action, Cold Mountain, Cold Rivers, Inc. (CMCR), The Ecology Center,

Inc. (TECI), and Buffalo Field Campaign (BFC) (hereinafter Plaintiffs) challenge the United States

Forest Service’s and Montana Department of Livestock’s failure to pre-monitor bald eagle nests on

the Horse Butte Peninsula (Peninsula) in 2001 prior to constructing the bison capture facility

located on the Peninsula. Such premonitoring is required by the non-discretionary terms and

conditions of the Incidental Take Statement contained in the Biological Opinion (BO) issued by the

United States Fish and Wildlife Service. The failure to pre-monitor bald eagle nests prior to

constructing the bison capture facility, therefore, constitutes a violation of the Endangered Species

Act. Plaintiffs sent Defendants a sixty-day Notice of Intent to Sue (NOI) on January 5, 2001. See