WILDEARTH GUARDIANS v. U.S. FOREST SERVICE

No. 09-1089.

573 F.3d 992 (2009)

WILDEARTH GUARDIANS, a not-for-profit corporation, Plaintiff-Appellee, v. UNITED STATES FOREST SERVICE, a federal agency within the U.S. Department of Agriculture; Rick Cables, in his official capacity as Regional Forester of the U.S. Forest Service's Rocky Mountain Region; Charles S. Richmond, in his official capacity as Supervisor of the Grand Mesa, Uncompahgre, Gunnison National Forest; United States Department of the Interior, a federal agency; C. Stephen Allred, in his official capacity as Assistant Secretary, Land and Minerals Management, U.S. Department of the Interior, Defendants-Appellees, and Mountain Coal Company, L.L.C., a Delaware Limited Liability Corporation, Movant to Intervene-Appellant.

United States Court of Appeals, Tenth Circuit.

July 24, 2009.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen D. Bell, Scott P. Sinor, Dorsey & Whitney, LLP, Denver, CO, Mike Drysdale, Dorsey & Whitney, LLP, Minneapolis, MN, for Movant to Intervene-Appellant, Mountain Coal Company.

Edward B. Zukoski, Earthjustice, Denver, CO, for Plaintiff-Appellee, WildEarth Guardians.

Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.


HARTZ, Circuit Judge.

The appellant, Mountain Coal Company (MCC), owns and operates the West Elk Mine, a large underground coal mine lying beneath the Grand Mesa, Uncompahgre, and Gunnison National Forests in Colorado. After the United States Forest Service approved plans for venting methane gas from the mine, WildEarth Guardians brought suit against the Forest Service, the Department of Interior, and several of their officials under the Administrative Procedure Act...

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