PUBLIC LANDS COUNCIL v. BABBITT

No. 96-8083.

154 F.3d 1160 (1998)

PUBLIC LANDS COUNCIL, a non-profit membership organization on behalf of its members; National Cattleman's Association, a non-profit membership organization on behalf of its members; American Sheep Industry Association, a non-profit membership organization on behalf of its members; American Farm Bureau Federation, a non-profit membership organization on behalf of its members; Association of National Grasslands, a non-profit membership organization on behalf of its members, Plaintiffs-Appellees, v. Bruce BABBITT, United States Department of the Interior Secretary, in his official capacity; Michael Dombeck, Acting Director, U.S. Bureau of Land Management, in his official capacity; Interior Department; Bureau of Land Management, Defendants-Appellants. The Arizona and New Mexico Coalition of Counties for Stable Economic Growth; New Mexico Public Lands Council; Bert Smith-Ox Ranch; Desert Livestock Producers; Alameda Corporation and Oscar S. Wyatt, Jr., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 1, 1998.


Attorney(s) appearing for the Case

William B. Lazarus, Department of Justice (Lois J. Schiffer, Assistant Attorney General, Gary B. Randall, John W. Watts, and Robert L. Klarquist, Department of Justice, with him on the briefs), Washington, DC, appearing for Defendant-Appellant.

Constance E. Brooks, C.E. Brooks & Associates, P.C., Denver, Colorado (Diane Vaksdal Smith and Michael B. Marinovich, C.E. Brooks & Associates, P.C., Denver, Colorado, and Calvin E. Ragsdale, Marty & Ragsdale, Green River, Wyoming, with her on the brief), appearing for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, PORFILIO and TACHA, Circuit Judges.


SEYMOUR, Chief Judge.

The question before us on this appeal is whether the Secretary of the Interior acted within his authority under the Taylor Grazing Act of 1934(TGA), 43 U.S.C. §§ 315 et seq., the Federal Lands Policy and Management Act of 1976 (FLPMA), 43 U.S.C. §§ 1701 et seq., and the Public Rangelands Improvement Act of 1978 (PRIA), 43 U.S.C. §§ 1901 et seq., when he promulgated new regulations governing the...

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