Mt. St. Helens Mining And Recovery Limited Partnership v. United States

384 F.3d 721 MT. ST. HELENS MINING AND RECOVERY LIMITED PARTNERSHIP, Plaintiff-Appellant, v. UNITED STATES of America; Dan Glickman, in his capacity as Secretary of Agriculture; Mike Dombeck, in his capacity as Chief of the Forest Service; Nancy Graybeal, in her capacity as Acting Regional Forester, U.S. Forest Service; Claire Lavendel, in her capacity as Supervisor, Gifford-Pinchot National Forest, Defendants-Appellees. No. 03-35498. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 2004. Filed September 3, 2004. Robert P. Hailey, Esq., Spokane, WA, for the appellant. Peter Angus Winn, Assistant United States Attorney, Seattle, WA, for the appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding. D.C. No. CV-99-05687-FDB. Before: BRUNETTI, McKEOWN, and GOULD, Circuit Judges. BRUNETTI, Circuit Judge: 1 Appellant, Mount St. Helens Mining and Recovery Limited Partnership (the "Partnership"), filed the underlying suit against Appellees, the United States of America (the "Government"), Dan Glickman, Secretary of the Department of Agriculture (the "Department"), Mike Dombeck,…