WYOMING FARM BUREAU FEDERATION; Montana Farm Bureau Federation; American Farm Bureau Federation; Mountain States Legal Foundation; Idaho Farm Bureau Federation; National Audubon Society, a nonprofit corporation; Predator Project, a nonprofit corporation; Sinapu, a nonprofit corporation; Gray Wolf Committee, a conservation group, Plaintiffs-Appellees,
Cat D. Urbigkit; James R. Urbigkit, Plaintiffs-Appellees and Cross-Appellants,
v.
Bruce BABBITT, Secretary of Department of Interior; George T. Frampton, Assistant Secretary of Fish and Wildlife and Parks, Department of Interior; Jamie Clark, Director of United States Fish and Wildlife Service; Ralph O. Morgenweck, Regional Director of United States Fish and Wildlife Service; Edward E. Bangs, Project Leader of Gray Wolf EIS; Roger Kennedy, Director of National Park Service; Daniel Glickman, Secretary of Department of Agriculture; Michael Dombeck, Chief Forester of United States Forest Service, in their official capacities; Department of Interior; United States Fish and Wildlife Service; National Park Service; Department of Agriculture; United States Forest Service; United States of America, Defendants-Appellants and Cross-Appellees,
National Wildlife Federation; Wyoming Wildlife Federation; Idaho Wildlife Federation; Wolf Education and Research Center; Defenders of Wildlife, Intervenors-Appellants,
Nez Perce Tribe, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
January 13, 2000.
January 13, 2000.
Attorney(s) appearing for the Case
Timothy S. Bishop (Todd S. Welch and William Perry Pendley of Mountain States Legal Foundation, Denver, Colorado; John J. Rademacher and Richard L. Krause of American Farm Bureau Federation, Park Ridge, Illinois, on the briefs), Chicago, Illinois, for Plaintiffs-Appellees.
James R. Urbigkit, pro se, for Plaintiffs-Appellees and Cross-Appellants.
M. Alice Thurston (Lois J. Schiffer, Assistant Attorney General, James C. Kilbourne, Ellen Durkee, and Christiana P. Perry, Department of Justice, Washington, D.C.; Margot Zallen, Denver, Colorado, and David Gayer, Washington, D.C., of counsel, Department of Interior, with her on the briefs) of Department of Justice, Washington, D.C., for Defendants-Appellants and Cross-Appellees.
Brian B. O'Neill (Richard A. Duncan and Jonathan W. Dettmann of Faegre & Benson LLP, Minneapolis, Minnesota; Russell O. Stewart and Colin C. Deihl of Faegre & Benson LLP, Denver, Colorado, with him on the briefs for Defenders of Wildlife; Thomas France and Thomas Lustig of National Wildlife Federation, Missoula, Montana, with him on the briefs for National Wildlife Federation, Wyoming Wildlife Federation, Idaho Wildlife Federation, and Wolf Education and Research Center) of Faegre & Benson LLP, Minneapolis, Minnesota, for Intervenors-Appellants.
Douglas L. Honnold (James S. Angell with him on the briefs) of Earthjustice Legal Defense Fund, Bozeman, Montana, for Predator Project, Sinapu, and Gray Wolf Committee.
Louis R. Cohen, James R. Wrathall, Matthew A. Brill, and Susan A. MacIntyre, of Wilmer, Cutler & Pickering, and Elizabeth Fayad, of Counsel, National Parks and Conservation Association, Washington, D.C., filed an amicus curiae brief on behalf of National Parks and Conservation Association, in support of the Department of the Interior.
Michael J. Bean, Environmental Defense Fund, Washington, D.C., and James B. Martin, Boulder, Colorado, Environmental Defense Fund, filed an amici curiae brief on behalf of Environmental Defense Fund, World Wildlife Fund, Wildlife Conservation Society, Izaak Walton League of America, Idaho Conservation League, Wolf Recovery Foundation, and Center for Marine Conservation.
Herman Kaufman, Old Greenwich, Connecticut, filed an amicus curiae brief on behalf of Friends of Animals, Inc.
David J. Cummings, Lapwai, Idaho, filed an amicus curiae brief on behalf of Nez Perce Tribe.
James C. Hill, Washington, D.C., filed an amicus curiae brief, pro se, in support of Plaintiffs-Appellees.
Before BRORBY, HOLLOWAY and HENRY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRORBY, Circuit Judge.
These consolidated appeals stem from three separate challenges to the Department of Interior's ("Department") final rules governing the reintroduction of a nonessential experimental population of gray wolves in Yellowstone National Park ("Yellowstone") and central Idaho. The district court consolidated the challenges and struck down the wolf reintroduction rules, concluding they (1) are contrary to Congress' clear intent under section 10(j)...
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