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ARK INITIATIVE v. TIDWELL

No. 13-5103.

749 F.3d 1071 (2014)

ARK INITIATIVE and Donald Duerr, Appellants v. Thomas L. TIDWELL, U.S. Forest Service and Aspen Skiing Company, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2014.

Attorney(s) appearing for the Case

William S. Eubanks II argued the cause for appellants. With him on the briefs was Eric R. Glitzenstein.

Nicholas A. DiMascio , Trial Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, and Allen M. Brabender , Attorney.

Ezekiel J. Williams , Steven K. Imig , and Benjamin H. Kass were on the brief for intervenor-appellee Aspen Skiing Company.

Opinion for the court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Responding to a petition by the State of Colorado, the U.S. Forest Service in the Department of Agriculture promulgated a final rule revising its inventory of protected "roadless" land in Colorado. Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado, 77 Fed.Reg. 39,576 (July 3, 2012) ("2012 Colorado Rule"). Two weeks later, The Ark Initiative, a non-profit environmental group ("Ark"), sent an Emergency...

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