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RANCHO LOBO, LTD. v. DEVARGAS

No. 01-2196.

303 F.3d 1195 (2002)

RANCHO LOBO, LTD, a Texas limited partnership, Plaintiff-Counter-Defendant-Appellee, v. Antonio DEVARGAS, Patricio Antonio Garcia, Gilbert Chavez, Moises Morales, Alfredo Montoya, and Nelson Cordova, in their individual and official capacities; the Board of County Commissioners of the County of Rio Arriba, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 20, 2002.

Attorney(s) appearing for the Case

Simeon Herskovits (Grove Burnett with him on the briefs), Western Environmental Law Center, Taos, New Mexico, for the defendants-counter-claimants-appellants.

John R. Polk (Clara Ann Bowler with him on the brief), Albuquerque, New Mexico, for the plaintiff-counter-defendant-appellee.

Before EBEL, McKAY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Defendants, all members of the Board of Commissioners of the County of Rio Arriba, New Mexico (hereinafter "the County") appeal from a decision of the district court holding that the Rio Arriba County Timber Harvest Ordinance is invalid because it is preempted by the New Mexico Forest Conservation Act, N.M.S.A.1978 §§ 68-2-1 et seq., and also holding that the ordinance's provisions for requiring an environmental assessment...

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