1. Home
  2. Browse Decisions
  3. F.3d
  4. 167 F.3d
  5. 167 F.3d 1287 (1999)
 

PUBLIC LANDS COUNCIL v. BABBITT

No. 96-8083.

167 F.3d 1287 (1999)

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.

February 8, 1999.

Attorney(s) appearing for the Case

William B. Lazarus, Attorney, Department of Justice (Lois J. Schiffer, Assistant Attorney General, Gary B. Randall, Attorney, John W. Watts, Attorney, and Robert L. Klarquist, Attorney, 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.

ORDER ON REHEARING

The Secretary has petitioned the court for rehearing, requesting that it delete the highlighted portion of the following sentence as unnecessary to the court's holding and incorrect as a matter of law: "Congress intended that once the Secretary established a grazing district under the TGA, the primary use of that land should be grazing unless the Secretary withdraws the land from grazing use in accordance with the withdrawal provisions of FLPMA...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases