3—Cold Mountain Cold Rivers Complaint
therefore violate the Migratory Bird Treaty Act (MBTA).
By this Complaint, Plaintiffs seek specific injunctive relief and a declaration from
the Court that Defendants have violated federal law under each count alleged below, namely the
Endangered Species Act (ESA), 16 U.S.C. §§ 1531
et seq.,the National Environmental Policy Act
(NEPA),42 U.S.C. §§ 4321 et seq., the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703
et seq., and the Administrative Procedure Act (APA), 5 U.S.C. §§ 701, et seq.If Plaintiffs prevail
on the merits, Plaintiffs will seek an award of costs and attorney’s fees pursuant to the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412 and any other applicable laws.
PARTIES, JURISDICTION AND VENUE
The preceding paragraphs are realleged as if set forth in full herein.
Jurisdiction with this Court is proper pursuant to 28 U.S.C.
§ 1331 and § 1346, because Plaintiff’s claims pose federal questions arising under the laws of the
United States and involve the United States as a defendant.
An actual controversy exists between the parties within the meaning of 28 U.S.C.
§ 2201(a), et seq.Specifically, Plaintiffs appeal a final agency decision pursuant to laws of the
United States, including the: Administrative Procedure Act (APA), 5 U.S.C. §§ 701, et seq.;
National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq. and; Endangered Species
Act (ESA), 16 U.S.C. §§ 1531 et seq.This Court may, therefore, issue a Declaratory Judgment.
Venue in the Helena Division of the United States District Court for the District of
Montana is proper for this action pursuant to 28 U.S.C.
§ 1391(e), 5 U.S.C. § 703, and Rule 105-1, Rules of Procedure for the Federal District Court for
the District of Montana, in that Defendant Montana Department of Livestock has its headquarter in
Lewis and Clark County, Montana.
Cold Mountain, Cold Rivers, Inc. is a nonprofit environmental and human rights
organization based in Missoula, Montana with members residing in, traveling through, and
utilizing the Greater Yellowstone Ecosystem, including the Horse Butte Area, the Gallatin National
