STATE OF WYOMING v. U.S. DEPT. OF INTERIOR

Nos. 05-8026, 05-8027, 05-8035.

442 F.3d 1262 (2006)

STATE OF WYOMING and Wyoming Wool Growers, Wyoming Stock Growers Association; Wyoming Farm Bureau Federation; Wyoming Association of Conservation Districts; Rocky Mountain Farmers Union; Wyoming County Commissioners Association; Board of County Commissioners of the County of Campbell; Board of County Commissioners of the County of Sublette; Board of County Commissioners of the County of Washakie; Wyoming Association of County Predatory Animal Boards; Fremont County Predatory Animal Board; Teton County Predatory Animal Board; Converse County Predatory Animal Board; Wyoming Outfitters and Guides Association; Green River Valley Cattlemen's Association; Upper Green River Cattle Association; Wyoming Business Alliance; Cody County Outfitters and Guides Association; Foundation for North American Wild Sheep; Jackson Hole Outfitters and Guides; Rock Springs District 4 Grazing Board; Sportsmen for Fish & Wildlife, Wyoming; Sportsmen for Fish & Wildlife, Park County; Sportsmen for Fish & Wildlife, Teton County; Sportsmen for Fish & Wildlife, Lincoln County; Sportsmen for Fish & Wildlife, Utah, Plaintiffs-Appellants, and Timothy J. Morrison; Marie A. Fontaine; Tim A. French, in their official capacity as the Board of County Commissioners of Park County, State of Wyoming, Plaintiffs-Intervenors-Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; United States Fish and Wildlife Service; Gale Norton, in her capacity as the Secretary of the United States Department of Interior; Steven A. Williams, in his official capacity as the Director of the United States Fish & Wildlife Service; Defendants-Appellees, Greater Yellowstone Coalition; National Wildlife Federation; Jackson Hole Conservation Alliance; Predator Conservation Alliance; Wyoming Outdoor Council; Sierra Club; Natural Resources Defense Council, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

April 3, 2006.


Attorney(s) appearing for the Case

Jay Arthur Jerde, Deputy Attorney General (Patrick J. Crank, Attorney General, with him on the briefs), Office of the Attorney General for the State of Wyoming, appearing for Appellant State of Wyoming.

Harriett M. Hageman (Kara Brighton, with her on the briefs), Hageman & Brighton, P.C., Cheyenne, WY, appearing for Appellant Wyoming Wool Growers, et al.

Bryan A. Skoric, Park County Attorney, James Fred Davis, Deputy Park County Attorney, Cody, WY, on the briefs for Plaintiff-Intervenor-Appellant Park County.

David C. Shilton, Attorney, United States Department of Justice (Kelly A. Johnson, Acting Assistant Attorney General, Environmental and Natural Resources Division; Kristen L. Gustafson, Jimmy A. Rodriguez, and M. Alice Thurston, Attorneys, United States Department of Justice; and David Gayer and Margot Zallen, Office of the Solicitor, United States Department of Justice, with him on the brief), appearing for the Federal Appellees.

Douglas L. Honnold, Abigail Dillen, and Timothy J. Preso, Earthjustice, Bozeman, Montana, on the briefs for Intervenor-Appellees Sierra Club and Natural Resources Defense Council.

Jack R. Tuholske, Tuholske Law Office, P.C., Missoula, Montana, and Thomas M. France, Montana Wildlife Federation, Missoula, Montana, on the briefs for Defendants-Intervenors Greater Yellowstone Coalition, National Wildlife Federation, and Predator Conservation Alliance.

Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.


PER CURIAM.

The State of Wyoming filed this suit in the District of Wyoming against Gale A. Norton in her official capacity as the Secretary of the United States Department of the Interior ("DOI")1 and Steven A. Williams in his official capacity as the Director of the United States Fish and Wildlife Service ("FWS").2 The District Court consolidated this case with...

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