5—Cold Mountain Cold Rivers Complaint
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 Forest, and Yellowstone Park.
The conservation-related, ecological, aesthetic, educational,
and recreational interests and human values of Plaintiff and its
members have been, and continue to be, adversely affected by
implementation of the Defendants’ bison management plan,