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SOUTHERN UTAH WILDERNESS ALLIANCE v. SMITH

No. 95-4145.

110 F.3d 724 (1997)

SOUTHERN UTAH WILDERNESS ALLIANCE, a Utah non-profit corporation, Plaintiff-Appellant, v. Verlin SMITH, in his official capacity as Manager of the Bureau of Land Management; Bruce Babbitt, in his official capacity as Secretary of the Interior; and Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 25, 1997.

Attorney(s) appearing for the Case

Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT (Lori Potter, Debra Asimus, Sierra Club Legal Defense Fund, Denver, CO, with her on the briefs), for Plaintiff-Appellant.

Edward J. Shawaker (Lois J. Schiffer, Assistant Attorney General, Ellen J. Kohler, and David C. Shilton, Attorneys, Department of Justice, with him on the brief), Washington, DC, for Defendants-Appellees.

Before ANDERSON, McWILLIAMS, and WEIS, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

On October 12, 1995, SUWA filed suit against the defendants, alleging, among other things, that the defendants violated section 7(a)(2) of the Endangered Species Act, 16 U.S.C. § 1536(a)(2), by not consulting the United States Fish and Wildlife Service (the "FWS") regarding the impact the BLM's Moquith Mt. WSA Management Guidance and Schedule might have on Welsh's Milkweed, a threatened species. After hearing cross-motions...

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