DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; Wildearth Guardians; Natural Resources Defense Council, Plaintiffs-Appellees,
v.
Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; United States Bureau of Land Management, an agency within the United States Department of the Interior; Neil Kornze, in his official capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and
WPX Energy Production, LLC; Encana Oil & Gas (USA), Inc.; BP America Production Company; ConocoPhillips Company; Burlington Resources Oil & Gas Company LP; American Petroleum Institute; Anschutz Exploration Corporation, Defendants Intervenors-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Filed October 27, 2016.
Filed October 27, 2016.
Attorney(s) appearing for the Case
Kyle J. Tisdel , Western Environmental Law Center, Taos, New Mexico ( Samantha Ruscavage-Barz , WildEarth Guardians, Santa Fe, New Mexico, with him on the briefs), for Plaintiffs-Appellants.
Emily A. Polachek , Attorney, Environmental and Natural Resources Division, U.S. Department of Justice ( John C. Cruden , Assistant Attorney General, Environmental and Natural Resources Division; Clare M. Boronow , Attorney, Environmental and Natural Resources Division, U.S. Department of Justice; and Michael Williams , Office of the Solicitor, U.S. Department of the Interior, of counsel, with him on the briefs), Washington, D.C., for Defendants-Appellees.
Hadassah M. Reimer of Holland & Hart LLP, Jackson, Wyoming ( Stephen G. Masciocchi and John F. Shepherd of Holland & Hart LLP, Denver, Colorado, and Bradford Berge of Holland & Hart LLP, Santa Fe, New Mexico, with her on the briefs) for Defendants Intervenors-Appellees.
Jon J. Indall and Joseph E. Manges of Comeau Maldegen Templeman & Indall LLP, Santa Fe, New Mexico; Steven J. Rosenbaum of Covington & Burling LLP, Washington, D.C., and Andrew D. Schau of Covington & Burling LLP, New York, New York, for Defendant Intervenor-Appellee American Petroleum Institute.
Before KELLY, McKAY, and LUCERO, Circuit Judges.
McKAY, Circuit Judge.
Plaintiffs appeal the district court's denial of their request for a preliminary injunction to prevent the drilling of certain oil and gas wells in the Mancos Shale formation of the San Juan Basin in New Mexico. The district court concluded that Plaintiffs had failed to satisfy three of the four elements required to obtain...
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