CENTER FOR NATIVE ECOSYSTEMS; Biodiversity Conservation Alliance; and Forest Guardians, Plaintiffs-Appellants,
v.
Rick CABLES, in his official capacity as Regional Forester, Region 2, United States Forest Service; and United States Forest Service, Defendants-Appellees, and
Pole Mountain Cattlemen's Association, an Unincorporated Association, and its members; Bath Sisters, LLC, a Wyoming Limited Liability Company; Mark Eisele; Warren Lifestock, LLC, a Wyoming Limited Liability Company; Peter Hansen; Bonham Ranch, LLC, a Wyoming Limited Liability Company; C.C. Davis & Co., LLC, a Wyoming Limited Liability Company; Ferguson Ranch, INC., a Wyoming Corporation; Gardner Bros.; Willadsen Bros.; Quarter Circle F Quarter Circle Lone Tree Ranch, Inc., a Wyoming Corporation; Wyoming Stock Growers Association, a nonprofit Wyoming Corporation on behalf of its members; Laramie County Farmers Union, a nonprofit Wyoming Corporation on behalf of its members; Wyoming Farm Bureau Federation, a nonprofit Wyoming Corporation on behalf of its members; Wyoming Association of Conservation Districts, a nonprofit Wyoming Corporation on behalf of its members, Defendant-Intervenors-Appellees.
State of Wyoming; Pacific Legal Foundation; National Association of Home Builders; American Forest & Paper Association, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 17, 2007.
December 17, 2007.
Attorney(s) appearing for the Case
McCrystie Adams (Neil Levine with her on brief), of Earthjustice, Denver, CO, for Plaintiffs-Appellants.
Mark R. Haag, Environment & Natural Resources Division, Department of Justice, Washington, D.C., (Sue Ellen Wooldridge, Assistant Attorney General, and David Shilton, Department of Justice, Washington, D.C.; Diane M. Conolly, Deputy Regional Attorney, and Kenneth P. Pitt, General Attorney, Office of the General Counsel, Department of Agriculture, Golden, CO, with him on the brief), for Defendants-Appellees.
Karen Budd-Falen and Marc R. Stimpert, Budd-Falen Law Offices, LLC, Cheyenne, WY, for Defendant-Intervenor-Appellees Wyoming Association of Conservation Districts.
Daniel B. Frank, Frank Law Office, P.C., Cheyenne, WY, for Defendant-Intervenor-Appellees Pole Mountain Cattlemen's Association, Wyoming Stock Growers Association, Wyoming Farm Bureau Federation, and Laramie County Farmers Union.
Thomas R. Lundquist, J. Michael Klise, Crowell & Moring, LLP, Washington, D.C., and Duane J. Desiderio, Staff Vice President, Legal Affairs, National Association of Home Builders, Washington, D.C., filed an amicus curiae brief for the National Association of Home Builders and American Forest & Paper Association.
Patrick J. Crank, Attorney General, and Thomas W. Rumpke, Cheyenne, WY, filed an amicus curiae brief for the State of Wyoming.
M. Reed Hopper and Scott Sommerdorf, Pacific Legal Foundation, Sacramento, CA, filed an amicus curiae brief for Pacific Legal Foundation.
Before BRISCOE, EBEL, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HARTZ, Circuit Judge.
The Center for Native Ecosystems, the Biodiversity Conservation Alliance, and the Forest Guardians (collectively CNE) appeal the district court's order denying a petition for review of the United States Forest Service's authorization of livestock grazing in Medicine Bow National Forest. CNE first contends that the Forest Service violated § 7(a)(2) of the Endangered Species Act, 16 U.S.C. § 1536(a)(2), because
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