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MIDDLE RIO GRANDE CONSERVANCY DIST. v. NORTON

Nos. 01-2145, 01-2057.

294 F.3d 1220 (2002)

MIDDLE RIO GRANDE CONSERVANCY DISTRICT, a political subdivision of the State of New Mexico; The State of New Mexico ex rel. The Office of the State Engineer; New Mexico Interstate Stream Commission; Attorney General for the State of New Mexico; Forest Guardians, a non-profit New Mexico corporation; Defenders of Wildlife, a non-profit Washington, D.C. corporation; Southwest Environmental Center, a non-profit New Mexico corporation, Plaintiffs-Appellees, City of Socorro, Plaintiff-Intervenor-Appellee, v. Gale NORTON, Secretary of the United States Department of the Interior; United States Fish and Wildlife Service, an Agency of the United States Department of the Interior; Marshall Jones, Acting Director, United States Fish and Wildlife Service; Nancy Kaufman, Southwest Regional Director, United States Fish and Wildlife Service, Defendants-Appellants. New Mexico Farm and Livestock Bureau, Intervenor. Albuquerque Metropolitan Arroyo Flood Control Authority, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 21, 2002.

Attorney(s) appearing for the Case

Charles T. DuMars of Law & Resource Planning Associates, P.C., Albuquerque, NM, (Christina Bruff DuMars of Law & Resource Planning Associates, P.C., Albuquerque, NM, for Plaintiff-Appellee Middle Rio Grande Conservancy District; Jerry A. Armijo, of the Law Offices of Jerry A. Armijo, Socorro, NM, for Plaintiff-Intervenor-Appellee City of Socorro; Lee E. Peters of Hubert & Hernandez, P.A., Las Cruces, NM, for Intervenor New Mexico Farm and Livestock Bureau, with him on the brief), for Plaintiff-Appellee Middle Rio Grande Conservancy District, Plaintiff-Intervenor-Appellee City of Socorro, and Intervenor New Mexico Farm and Livestock Bureau.

Karen L. Fisher, Special Assistant Attorney General, State of New Mexico, Santa Fe, NM, (John Stroud, Special Assistant Attorney General, State of New Mexico, Santa Fe, NM, for Plaintiffs-Appellees The State of New Mexico ex rel. The Office of the State Engineer and the New Mexico Interstate Stream Commission; Patricia A. Madrid, Attorney General and Stephen R. Farris, Assistant Attorney General, Santa Fe, NM, for Plaintiff-Appellee The New Mexico Attorney General, with her on the brief), for Plaintiffs-Appellees The State of New Mexico, ex rel. The Office of the State Engineer, The New Mexico Interstate Stream Commission and the New Mexico Attorney General.

Matt Kenna of Kenna & Hickcox, P.C., Durango, CO, for Plaintiffs-Appellees Forest Guardians, Defenders of Wildlife, and Southwest Environmental Center.

Susan Pacholski, Attorney, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., (John C. Cruden, Acting Assistant Attorney General, Washington, D.C.; Ellen J. Durkee and Andrew A. Smith, Attorneys, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., with her on the briefs), for Defendants-Appellants.

Maria O'Brien of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, filed an Amicus Curiae brief for Albuquerque Metropolitan Arroyo Flood Control Authority.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Appellants are Gale Norton, Secretary of the Interior, the United States Fish and Wildlife Service (FWS), and FWS officials. They appeal the district court's decision ordering FWS to prepare an environmental impact statement (EIS) and issue a critical habitat designation for the Rio Grande Silvery Minnow within 120 days. This court has jurisdiction under 28 U.S.C. § 1291 and affirms.

II. BACKGROUND

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