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MOUNTAIN STATES LEGAL FOUNDATION v. HODEL

No. 82-1485.

799 F.2d 1423 (1986)

MOUNTAIN STATES LEGAL FOUNDATION, a nonprofit corporation, on behalf of its members who use and enjoy the public lands in the Rock Springs, Wyoming area, and the Rock Springs Grazing Association, which owns and leases lands in the Rock Springs, Wyoming area, Plaintiffs-Appellants, v. Donald P. HODEL, Secretary of the Interior, James W. Byrd, as United States Marshal of the District of Wyoming, Frank Gregg, individually, former Director of the Bureau of Land Management, and the United States of America, Defendants-Appellees, Environmental Defense Fund, Inc., National Audubon Society, National Wildlife Federation, and Defenders of Wildlife, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 22, 1986.

Attorney(s) appearing for the Case

Constance E. Brooks, Mountain States Legal Foundation, Denver, Colo. (R. Norman Cramer, Jr., Mountain States Legal Foundation, Denver, Colo., and Calvin Ragsdale of Marty & Ragsdale, Green River, Wyo., with her on supplemental brief on rehearing), for plaintiffs-appellants.

Donald Alan Carr (Peter R. Steenland, Jr. and Dianne H. Kelly, and F. Henry Habicht II, Asst. Atty. Gen., with him on supplemental brief on rehearing), Dept. of Justice, Washington, D.C., for defendants-appellees.

Michael J. Bean of Environmental Defense Fund, Inc., Hope M. Babcock of National Audubon Society, and Jerry Jackson, National Wildlife Federation, Washington, D.C., submitted a joint brief of amici curiae.

Brian B. O'Neill, Amy B. Bromberg and Alan M. Anderson of Faegre & Benson, Minneapolis, Minn., submitted a brief of amicus curiae for Defenders of Wildlife.

Before HOLLOWAY, Chief Judge, and SETH, BARRETT, McKAY, LOGAN, SEYMOUR and MOORE, Circuit Judges.

McKAY, Circuit Judge.

The Mountain States Legal Foundation and the Rock Springs Grazing Association (collectively referred to hereinafter as "the Association") brought this action on behalf of their members against the Secretary of the Interior and other government officials to compel them to manage the wild horse herds that roam public and private lands in an area of southwestern Wyoming known locally as the "checkerboard."1 The checkerboard...

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