WYOMING v. U.S. DEPT. OF INTERIOR

No. 15-8041.

839 F.3d 938 (2016)

State of WYOMING, Petitioner-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR; Sally Jewell, in her official capacity as Secretary of the Interior; United States Bureau of Land Management; and Neil Kornze, in his official capacity as Director of the Bureau of Land Management, Respondents-Appellees. American Wild Horse Preservation Campaign; Return To Freedom; The Cloud Foundation; Carol Walker; Kimerlee Curyl, Intervenors-Appellees. Wyoming Stock Growers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed October 11, 2016.


Attorney(s) appearing for the Case

Michael J. McGrady , Senior Assistant Attorney General, Wyoming Attorney General's Office, Cheyenne, Wyoming, for Petitioner-Appellant.

Allen M. Brabender , Attorney, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., ( Arthur R. Kleven , Attorney, Office of the Solicitor, United States Department of the Interior, Washington, D.C.; John C. Cruden , Assistant Attorney General, Environment & Natural Resources Division, Washington, D.C.; Alison C. Finnegan , Attorney, United States Department of Justice, Environment Natural Resources Divsion, Washington, D.C., with him on the brief), for Respondents-Appellees.

William S. Eubanks, II , Meyer Glitzenstein & Eubanks LLP, Ft. Collins, Colorado ( Katherine A. Meyer , Meyer Glitzenstein & Eubanks LLP, Washington, D.C., with him on the brief), for Intervenors-Appellees.

Maegan L. Woita and Steven J. Lechner , Mountain States Legal Foundation, Lakewood, Colorado, filed an amicus curiae brief on behalf of the Wyoming Stock Growers Association.

Before BRISCOE, McKAY and MATHESON, Circuit Judges.


Petitioner State of Wyoming (the State) filed this action against the United States Department of the Interior, the Secretary of the Department, and the acting director of the Bureau of Land Management (BLM) seeking judicial review of what the State claimed was their failure to comply with non-discretionary obligations imposed...

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