COLORADO ENVIRONMENTAL COALITION; Defenders of Wildlife; Wilderness Society; Sierra Club; Sinapu; Southern Rockies Ecosystem Project; Anne Vickery, Plaintiffs-Appellants,
v.
Michael DOMBECK, in his official capacity as Chief of the United States Forest Service; Lyle K. Laverty, in his official capacity as Regional Forester of the Rocky Mountain Region; Martha Kettele, in her official capacity as Supervisor of the White River National Forest; United States Forest Service, Defendants-Appellees.
Vail Associates, Inc., Intervenor-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 9, 1999.
August 9, 1999.
Attorney(s) appearing for the Case
Edward B. Zukoski (Richard E. Condit of Land and Water Fund of the Rockies, Boulder, Colorado, and Stephen D. Harris of Merrill, Anderson, King & Harris, Colorado Springs, Colorado, with him on the briefs for Colorado Environmental Coalition, Defenders of Wildlife, The Wilderness Society, Sinapu, Southern Rockies Ecosystem Project, and Anne Vickery; Gretchen Biggs, Boulder, Colorado, with him on the briefs for Sierra Club), of Land and Water Fund of the Rockies, Boulder, Colorado, for Plaintiffs-Appellants.
Ellen J. Durkee of the United States Department of Justice, Washington, D.C., and David S. Neslin of Arnold & Porter, Denver, Colorado (Lois J. Schiffer, Assistant Attorney General, and Andrea Berlowe, United States Department of Justice, Washington, D.C.; Linda A. McMahan, United States Attorney, and Michael Hegarty, Assistant United States Attorney, Denver, Colorado, with them on the brief for Michael Dombeck, Lyle K. Laverty, and Martha Kettelle, in their official capacities, and the United States Forest Service; Peter Krumholz of Arnold & Porter, and Bruce F. Black of Holme Roberts & Owen LLP, Denver, Colorado, with them on the brief for Vail Associates, Inc.; and Kenneth Capps, United States Department of Agriculture, Of Counsel, Denver, Colorado, with them on the brief), for Defendants-Appellees and Intervenor-Appellee.
Before SEYMOUR, BRORBY and HENRY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRORBY, Circuit Judge.
Appellants, one individual and various groups that promote the protection of the environment, natural resources and wildlife, appeal a district court order refusing to enjoin the defendant, United States Forest Service ("Forest Service"), from permitting the Intervenor, Vail Associates, Inc. ("Vail"), to expand its existing ski area into a new area known as Category III. Appellants present two principal issues on appeal: (1) whether the Forest...
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