Gerald Jayne v. Harris Sherman

After scouring both the administrative and district court records in this case, we conclude that the district court’s grant of summary judgment to the defendants was warranted. The inclusive, thorough, and transparent process resulting in the challenged rule conformed to the demands of the law and is free of legal error. Thus, we affirm the district court’s judgment in Appeal No. 11-35269, adopt the district court’s comprehensive opinion as our own, Jayne v. Rey, 780 F.Supp.2d 1099 (D.Idaho 2011), and attach it to this opinion as the Appendix.

AFFIRMED.

The Kootenai Tribe of Idaho, the Idaho Association of Counties, the Idaho Mining Association, and Idaho Governor C.L. “Butch” Otter are hereby granted status as Intervenors-Defendants-Appellees with full participation in this case. Cf. Wilderness Soc’y v. U.S. Forest Serv., 630 F.3d 1173, 1176, 1180 (9th Cir.2011) (en banc) (abandoning the “federal defendant rule” regarding intervention). Consequently, Cross Appeals Nos. 11-35292, 11-35305, and 11-35322 are DISMISSED as MOOT.

APPENDIX

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

GERALD JAYNE; GREATER YELLOWSTONE COALITION; THE LANDS COUNCIL; NATURAL…