WYOMING v. U.S. DEPT. OF INTERIOR

No. 09-8035.

587 F.3d 1245 (2009)

State of WYOMING; Park County Commissioner Hall, in His Official Capacity, a/k/a Bucky Hall; Park County Commissioner French, in His Official Capacity, a/k/a Tim A. French; Park County Commissioner Brewer, in His Official Capacity, a/k/a Bill Brewer; Park County Commissioner Siggins, in Her Official Capacity, a/k/a Jill Shockley Siggins; Park County Commissioner Fontaine, in her official capacity, a/k/a Marie A. Fontaine, Petitioners-Appellees, v. UNITED STATES DEPARTMENT OF INTERIOR; National Park Service; United States Department of the Interior Secretary, in His Official Capacity, a/k/a Ken Salazar; National Park Service Director, in Her Official Capacity, a/k/a Mary Bomar; National Park Service Regional Director Intermountain Region, in his official capacity, a/k/a Michael Snyder, Respondents-Appellees. International Snowmobile Manufacturer's Association, Inc.; American Council Of Snowmobile Associations; Blue Ribbon Coalition, Inc.; Teri Manning, individually, Intervenors-Appellees, National Parks Conservation Association, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

November 24, 2009.


Attorney(s) appearing for the Case

Robert D. Rosenbaum (Holly E. Sterrett and Ingo W. Sprie, Jr. with him on the briefs), Arnold & Porter LLP, Denver, CO, for Intervenor-Appellant National Parks Conservation Association.

James Kaste, Senior Assistant Attorney General (Jay Jerde, Deputy Attorney General with him on the brief), Cheyenne, WY, for Petitioner-Appellee State of Wyoming.

Bryan A. Skoric, Park County Attorney, and James F. Davis, Deputy Park County Attorney, Cody, WY, for Petitioner-Appellee Park County Commissioners.

William P. Horn, Birch Horton Bittner & Cherot, PC, Washington, D.C., and Harriet M. Hageman and Kara Brighton, Hageman & Brighton, Cheyenne, WY, for Intervenors-Appellees International Snowmobile Manufacturer's Association, American Council of Snowmobile Associations, Blue Ribbon Coalition, Inc. and Teri Manning.

Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and GORSUCH, Circuit Judge.


GORSUCH, Circuit Judge.

This is the latest installment in a long series of cases seeking to resolve the fate of snowmobiles in Yellowstone National Park. Our particular case began in district court in Wyoming, when the State of Wyoming and allied snowmobile enthusiasts challenged a 2007 National Park Service rule on the basis that it unduly restricted access to the Park. Before the Wyoming district court could rule, however, another district court in Washington, D...

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