State of WYOMING, Plaintiff-Appellee,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service, Department of Agriculture; Ann M. Veneman, United States Department of Agriculture Secretary, in her official capacity; Dale N. Bosworth, United States Forest Service Chief Forester, in his official capacity, Defendants, and
Wyoming Outdoor Council; The Wilderness Society; Sierra Club; Biodiversity Associates; Pacific Rivers Council; Natural Resources Defense Council; Defenders of Wildlife; National Audobon Society, Defendants-Intervenors-Appellants,
United States of America; Pacific Legal Foundation; Mountain States Legal Foundation; Forest Service Employees for Environmental Ethics; Colorado Mining Association, Utah Mining Association, Wyoming Mining Association, Western Business Roundtable; American Forest & Paper Association; State of Idaho; Blueribbon Coalition; Idaho State Snowmobile Association; American Council of Snowmobile Associations; Wyoming Association of Conservation Districts, Wyoming Farm Bureau Federation, Wyoming Stock Growers Association, Petroleum Association of Wyoming, Billings County, North Dakota, Rocky Mountain Region — People for the U.S.A.; and State of Utah, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 11, 2005.
July 11, 2005.
Attorney(s) appearing for the Case
James S. Angell of Earthjustice, Denver, CO (Timothy J. Preso, Douglas L. Honnold, and Abigail M. Dillen of Earthjustice, Bozeman, MT, with him on the briefs), for Appellants.
Jennifer A. Golden, Senior Assistant Attorney General (Patrick J. Crank, Attorney General; and Jay A. Jerde, Deputy Attorney General, with her on the briefs), Wyoming Attorney General's Office, Cheyenne, WY, for Appellee.
Robin L. Rivett and Emma T. Suárez Pawlicki of Pacific Legal Foundation, Sacramento, CA, filed an amicus curiae brief for Pacific Legal Foundation.
Paul M. Seby and William H. Caile of Friedlob, Sanderson, Paulson & Tourtillott, Denver, CO, filed an amici curiae brief for Colorado Mining Association, Utah Mining Association, Wyoming Mining Association, and the Western Business Roundtable.
Thomas R. Lundquist and J. Michael Klise of Crowell & Moring LLP, Washington, D.C., with William R. Murray, of Counsel, American Forest & Paper Association, Washington, D.C., filed an amicus curiae brief for the American Forest & Paper Association.
Kelly A. Johnson, Acting Assistant Attorney General, Jeffrey Bossert Clark, Deputy Assistant Attorney General, James C. Kilbourne and Andrew C. Mergen, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., filed an amicus curiae brief for the United States of America.
Patrick A. Parenteau and Julia LeMense Huff of Environmental and Natural Resources Law Clinic, Vermont Law School, South Royalton, VT, filed an amicus curiae brief for Environmental Ethics.
Lawrence G. Wasden, Attorney General, Clive J. Strong, Chief, Natural Resources Division, Clay R. Smith and Steven W. Strack, Deputy Attorneys General, Boise, ID, filed an amicus curiae brief for the State of Idaho.
Paul A. Turcke of Moore Smith Buxton & Turcke, Chartered, Boise, ID, filed an amici curiae brief for Blueribbon Coalition, Idaho State Snowmobile Association, and American Council of Snowmobile Associations.
Alison Roberts & William Perry Pendley, Mountain States Legal Foundation, filed an amicus curiae brief for Mountain States Legal Foundation.
Constance E. Brooks and Michael Marinovich of C.E. Brooks & Associates P.C., Denver, CO, filed an amici curiae brief for Wyoming Association of Conservation Districts, Wyoming Farm Bureau Federation, Wyoming Stock Growers Association, Petroleum Association of Wyoming, Billings County, ND, and Rocky Mountain Region-People for the U.S.A.
Michael S. Johnson, Jaysen R. Oldroyd, Assistant Attorneys General, and Mark L. Shurtleff, Utah Attorney General, Salt Lake City, UT, filed an amicus brief for the State of Utah.
Before HENRY, MURPHY, and McCONNELL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
I. INTRODUCTION
In January 2001 the United States Forest Service issued a rule, commonly known as the "Roadless Rule," that generally prohibited road construction in inventoried roadless areas on National Forest System lands. Roadless Area Conservation, 36 C.F.R. §§ 294.10-294.14 (2001). The State of Wyoming filed a complaint in the United States District Court for the District of Wyoming challenging the Roadless Rule.
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