FOREST GUARDIANS, Plaintiff-Appellant,
v.
UNITED STATES FISH AND WILDLIFE SERVICE, Defendant-Appellee, and
The Peregrine Fund, Defendant-Intervenor-Appellee.
Environmental Defense Fund, New Mexico Cattle Growers' Association, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 7, 2010.
July 7, 2010.
Attorney(s) appearing for the Case
James J. Tutchton (Melissa Hailey with him on the briefs), Forest Guardians, Denver, CO, for Plaintiff-Appellant.
Anna T. Katselas, Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C. (John C. Cruden, Acting Assistant Attorney General; M. Alice Thurston, Joseph H. Kim, and Brian McLachlan, Attorneys, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Justin S. Tade, Attorney-Advisor, U.S. Department of the Interior, Southwest Regional Solicitor's Office, with her on the brief), for Defendant-Appellee.
Frank M. Bond (Faith Kalman Reyes with him on the brief), Simons & Slattery, LLP, Sante Fe, NM, for Defendant-Intervenor-Appellee.
Daniel Grossman, Environmental Defense Fund, Boulder, CO, as Amicus Curiae in support of Appellees.
Karen Budd-Falen and Kathryn Brack Morrow, Budd-Falen Law Offices, LLC, Cheyenne, WY, for New Mexico Cattle Growers' Association, as Amicus Curiae in support of Appellees.
Before GORSUCH, McKAY, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLMES, Circuit Judge.
Forest Guardians1 appeals the denial of its petition for review of the U.S. Fish and Wildlife Service's ("FWS") decision to reintroduce a nonessential experimental population of endangered Northern Aplomado Falcons ("Falcons") into southern New Mexico. Forest Guardians contends that the FWS violated section 10(j) of the Endangered Species Act ("ESA"), 16 U.S.C. § 1539(j), when it allegedly promulgated a final...
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