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.

10.

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.

11.

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,