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PARK LAKE RESOURCES LIAB. v. U.S. DEPT. OF AGRI.

No. 98-1020.

197 F.3d 448 (1999)

PARK LAKE RESOURCES LIMITED LIABILITY COMPANY; Park County Mining Association, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Daniel Glickman, Secretary of Agriculture; Michael P. Dombeck, Chief, United States Forest Service; Elizabeth A. Estill, Regional Forester, Region II, United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 19, 1999.

Attorney(s) appearing for the Case

William Perry Pendley of Mountain States Legal Foundation, Denver, Colorado, for Plaintiffs-Appellants.

Andrew C. Mergen, Attorney (Lois J. Schiffer, Assistant Attorney General; Ellen Durkee and John A. Bryson, Attorneys, with him on the brief), Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Defendants-Appellees.

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

SEYMOUR, Chief Judge.

Park Lake Resources, LLC, and Park County Mining Association (collectively Park Lake) filed this action challenging the United States Forest Service's designation of 695 acres straddling Hoosier Ridge in Colorado as a Research Natural Area (RNA) pursuant to 36 C.F.R. § 251.23 (1998).1 Park Lake contends the designation is arbitrary, capricious and contrary to plain regulatory language in violation of the Administrative...

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