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COLORADO ENVIRONMENTAL COALITION v. WENKER

No. 02-1254.

353 F.3d 1221 (2004)

COLORADO ENVIRONMENTAL COALITION; Colorado Mountain Club; Sarah Peters; Joshua Houdek, Plaintiffs-Appellants, v. Ron WENKER, Colorado State Director of Bureau of Land Management; Kathleen Clarke, Director of the Bureau of Land Management; Gale Norton, Secretary of the Department of the Interior of the United States; United States Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 2004.

Attorney(s) appearing for the Case

James Jay Tutchton (Eric E. Huber with him on the briefs), Earthjustice, Denver, CO, for Plaintiffs-Appellants.

Mark S. Pestal, Assistant United States Attorney, (John W. Suthers, United States Attorney, District of Colorado, with him on the brief) Denver, CO, for Defendants-Appellees.

Before EBEL, PORFILIO, and O'BRIEN, Circuit Judges.

PER CURIAM.

The Federal Land Policy and Management Act ("FLPMA") of 1976 § 309, 43 U.S.C. § 1739 (amended 1978), and Bureau of Land Management ("BLM" or the "agency") regulations, 43 C.F.R. § 1784.0-1 et seq., require the Secretary of the Interior to create and appoint public members to Resource Advisory Councils ("RACs"). The RACs are designed to be representative of major groups with interests in federal...

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