4—Cold Mountain Cold Rivers Complaint

of Hebgen Lake. Trumpeter swans are protected by the Migratory

Bird Treaty Act. Such actions therefore violate the Migratory

Bird Treaty Act (MBTA).

6.

By this Complaint, Plaintiffs seek specific injunctive

relief and a declaration from the Court that Defendants have

violated federal law under each count alleged below, namely the

Endangered Species Act (ESA), 16 U.S.C. §§ 1531et seq.,the

National Environmental Policy Act (NEPA),42 U.S.C. §§ 4321 et

seq., the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703 et

seq., and the Administrative Procedure Act (APA), 5 U.S.C. §§

701, et seq.If Plaintiffs prevail on the merits, Plaintiffs

will seek an award of costs and attorney’s fees pursuant to the

Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 and any

other applicable laws.

II.

PARTIES, JURISDICTION AND VENUE

7.

The preceding paragraphs are realleged as if set forth

in full herein.

8.

Jurisdiction with this Court is proper pursuant to 28

U.S.C.

§ 1331 and § 1346, because Plaintiff’s claims pose federal

questions arising under the laws of the United States and

involve the United States as a defendant.

9.

An actual controversy exists between the parties