State of WYOMING; Wyoming Governor, in his official capacity, a.k.a. Jim Geringer, Plaintiffs-Appellants,
v.
UNITED STATES of America; Gale A. Norton, in her official capacity as Secretary of the United States Department of the Interior, Defendants-Appellees, and
Jackson Hole Conservation Alliance; Greater Yellowstone Coalition; Wilderness Society, Intervenors-Appellees.
International Association of Fish and Wildlife Agencies, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 7, 2002.
February 7, 2002.
Attorney(s) appearing for the Case
Lynda G. Cook, Assistant Attorney General, and Michael Dinnerstein, Assistant Attorney General, with her on the brief), Cheyenne, WY, for Plaintiffs-Appellants.
Lisa E. Jones, Department of Justice, (Lois J. Schiffer, Assistant Attorney General Environment & Natural Resource Division, Department of Justice; Charles R. Shockey and Andrew C. Mergen, Department of Justice, Washington, DC, David D. Freudenthal, United States Attorney, and Carol A. Statkus, Assistant United States Attorney, Cheyenne, WY; and Debra Hecox, of Counsel, Office of the Regional Solicitor, Department of the Interior, Lakewood, CO, with her on the brief), Washington, DC, for Defendants-Appellees.
James S. Angell, Earthjustice Legal Defense Fund, Bozeman, MT, for Intervenors-Appellees.
Paul A. Lenzini of Donelan, Cleary, Wood & Maser, P.C., Washington, DC, filed an Amicus Curiae brief on behalf of International Association of Fish and Wildlife Agencies in Support of Plaintiffs-Appellants.
Before LUCERO, POLITZ, and BALDOCK, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
Once again a federal court is called upon to unravel a congressionally-legislated Federal-State standoff. The National Elk Refuge (NER), a part of the National Wildlife Refuge System (NWRS), encompasses approximately 24,700 acres of wilderness north of Jackson Hole, Wyoming, in the greater Yellowstone area.1 Brucellosis, a serious disease that causes miscarriage, is endemic to free-ranging elk in the greater Yellowstone...
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