Big Meadows Grazing Association v. United States of America, by and Through Ann M. Veneman, in Her Capacity as Secretary of the Department of Agriculture Shirley Gammon, in Her Capacity as State Conservationist (For the State of Montana) With the Natural Resources and Conservation Service, an Agency of the Department of Agriculture

344 F.3d 940 Big Meadows Grazing Association, Plaintiff-Appellant, v. UNITED STATES of America, by and through; Ann M. Veneman, in her capacity as Secretary of the Department of Agriculture; Shirley Gammon, in her capacity as State Conservationist (for the State of Montana) with the Natural Resources and Conservation Service, an agency of the Department of Agriculture, Defendants-Appellees. No. 02-35764. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2003 — Seattle, Washington. Filed September 15, 2003. Kent P. Saxby, Johnson, Berg, McEvoy & Bostock, PLLP, Kalispell, Montana, for the plaintiff-appellant. Robert R. Klotz, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court for the District of Montana; Donald W. Molloy, District Judge, Presiding. D.C. No. CV-01-00204-DWM. Before: James R. Browning, Arthur L. Alarcón, and Richard R. Clifton, Circuit Judges. CLIFTON, Circuit Judge. 1 No less than half of the wetlands 1 in the continental United States have been destroyed since 1600. 2 To counter…