Castaneda

Plaintiffs/appellants The Ecology Center, Inc. and The Lands Council (collectively, “Ecology Center”) appeal from the order denying their motion for summary judgment on their National Environmental Policy Act (“NEPA”) and National Forest Management Act (“NFMA”) claims. Ecology Center also seeks reversal of the order granting appellees/defendants’ motion to dismiss, and their Rule 60(b)(5) motion to dissolve the injunction the district court previously had issued. Ecology Center contends that the district court erred in denying its motion for summary judgment and granting defendants’ motions because § 407 of the Flathead and Kootenai National Forest Rehabilitation Act, on which the district court relied, violates the separation of powers doctrine. We affirm because we conclude that § 407 of the Flathead and Kootenai National Forest Rehabilitation Act does not violate the separation of powers doctrine.

I

On December 9, 2002, Ecology Center filed a complaint against Bob Castaneda, Bradley Powell, and the United States Forest Service (collectively, the “Forest Service”), challenging the Records of Decision the Forest Service issued under NFMA and NEPA approving timber sales in five…