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COMMITTEE TO SAVE THE RIO HONDO v. LUCERO

No. 95-2274.

102 F.3d 445 (1996)

COMMITTEE TO SAVE THE RIO HONDO, Plaintiff-Appellant, v. Leonard LUCERO, Carson National Forest Supervisor, United States Department of Agriculture Forest Service, Defendant-Appellee. Taos Ski Valley, Inc., Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

December 6, 1996.

Attorney(s) appearing for the Case

Steven Sugarman (Eric Ames, Taos, NM, with him on the briefs), Santa Fe, NM, for Plaintiff-Appellant.

John A. Mitchell of Mitchell and Mitchell, Santa Fe, NM, for Defendant-Intervenor-Appellee.

Before BRORBY, RONEY and LOGAN, Circuit Judges.

BRORBY, Circuit Judge:

The Committee to Save the Rio Hondo ("Committee") appeals the district court's order granting intervenor Taos Ski Valley's ("Ski Area") motion for summary judgment.1 The district court held the Committee lacked standing to challenge the Forest Service's decision allowing summertime use of the Ski Area. We disagree. We reverse and remand for consideration of the merits.

I. BACKGROUND

Taos Ski Valley...

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