On September 28, 2022, the Department of Justice formally withdrew its second 9th Circuit Appeal after losing a judgment on the merits issued by the Honorable Donnald Malloy. At issue in the case was the agency’s failure to act pursuant to § 706(1) of the Administrative Procedures Act and the National Scenic Trails Act. Emily Wilmott and Graham Coppes successfully prosecuted the case against the Kootenai National Forest who were more then a decade late in drafting and authorizing a Comprehensive Plan which incorporated protections for the Cabinet-Yaak population of Threatened grizzly bears.
Ferguson & Coppes attorneys prevail on the merits and attorney’s fees in federal court judgment against the Kootenai National Forest for failing to act as required under the National Scenic Trails Act
