CATRON COUNTY v. U.S. FISH & WILDLIFE

No. 94-2280.

75 F.3d 1429 (1996)

CATRON COUNTY BOARD OF COMMISSIONERS, NEW MEXICO, Plaintiff-Appellee, v. UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the U.S. Department of the Interior; Bruce Babbitt, Secretary of the Interior; Richard Smith, Acting Director of the U.S. Fish and Wildlife Service; John Rogers, Regional Director of Region 2 of the U.S. Fish and Wildlife Service; Sam Spiller, Field Supervisor, Region 2, U.S. Fish and Wildlife Service, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 2, 1996.


Attorney(s) appearing for the Case

Jim Kilborn, Environmental and Natural Resources Division, U.S. Dept. of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Beverly Ohline, Office of the Solicitor, Department of the Interior, Albuquerque, New Mexico, Brian L. Ferrell, Ellen Kohler, John A. Bryson, and Albert M. Ferlo, Jr., Attorneys, Environmental and Natural Resources Division, U.S. Dept. of Justice, Washington, DC, with him on the brief), for Defendants-Appellants.

Vance E. Haug, Budd-Falen Law Offices, Cheyenne, Wyoming, and Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, New Mexico (Karen Budd-Falen, Budd-Falen Law Offices, Cheyenne, Wyoming, and James Catron, Catron County Attorney, La-Joya, New Mexico, with Mr. Peters on the brief), for Plaintiff-Appellee.

Lori Potter, Munir R. Meghjee, and Debra Asimus, Sierra Club Legal Defense Fund, Denver, Colorado, for Sierra Club, Gila Watch, Four Corners Action Coalition, and the Colorado Environmental Coalition, amici curiae.

Paul M. Seby and William Perry Pendley, Mountain States Legal Foundation, Denver, Colorado, amicus curiae.

Before KELLY and BARRETT, Circuit Judges, and O'CONNOR, District Judge.


PAUL KELLY, Jr., Circuit Judge.

The United States Fish and Wildlife Service and various governmental officials (FWS, Secretary or Appellants) appeal the district court's order granting Catron County's (County or Appellee) motion for partial summary judgment in the County's action alleging that the Secretary of Interior (Secretary or Appellants), acting on behalf of the FWS, failed to comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §...

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