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COLORADO FARM BUREAU v. U.S. FOREST SERV.

No. 99-1125.

220 F.3d 1171 (2000)

COLORADO FARM BUREAU FEDERATION; Colorado Outfitters Association; Colorado Cattlemen's Association; Colorado Wool Growers Association, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, National Park Service; United States Fish and Wildlife Service; Colorado Wildlife Commission; John W. Mumma, in his official capacity as Director of the Colorado Division of Wildlife, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 18, 2000.

Attorney(s) appearing for the Case

William Perry Pendley (Monica S. Ernst and William Davis Thode, with him on the brief), of Mountain States Legal Foundation, Denver, Colorado, appearing for Plaintiffs-Appellants.

Todd S. Kim, Attorney, Department of Justice (Lois J. Schiffer, Assistant Attorney General, Albert C. Lin, Andrea L. Berlowe, Evelyn S. Ying, Attorneys, Department of Justice, Kenneth Capps, U.S. Department of Agriculture, and Debra Hecox, U.S. Department of the Interior, with him on the brief), Washington, D.C., appearing for Federal Defendants-Appellees.

Timothy J. Monahan, Assistant Attorney General, Natural Resources & Environment Section (Ken Salazar, Attorney General, with him on the brief), Denver, Colorado, appearing for Colorado Wildlife Commission, Colorado Division of Wildlife, and John W. Mumma, Defendants-Appellees.

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

SEYMOUR, Chief Judge.

Plaintiffs filed this action in federal district court seeking declaratory and injunctive relief with respect to the State of Colorado's "Lynx Recovery Plan" (the Plan), which proposed to introduce Canadian lynx into Colorado. The complaint alleged that the Forest Service's involvement with the Plan violated the Administrative Procedures Act (APA), 5 U.S.C. § 706(2)(A), because the Forest Service failed to follow the environmental reporting...

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