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SMITHSFORK GRAZING ASS'N v. SALAZAR

No. 08-8005.

564 F.3d 1210 (2009)

SMITHSFORK GRAZING ASSOCIATION, an unincorporated association on behalf of itself and its members, Plaintiff-Appellant, v. Ken SALAZAR, in his official capacity as Secretary of the United States Department of the Interior; United States Department of the Interior; Mike Pool, in his official capacity as Acting Director of the United States Bureau of Land Management; United States Bureau of Land Management, an agency of the United States Department of the Interior; Mary Jo Rugwell, in her official capacity as Field Manager of the Kemmerer Field Office of the United States Bureau of Land Management, Defendants-Appellees, New Mexico Cattle Growers Association; New Mexico Federal Lands Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 5, 2009.

Attorney(s) appearing for the Case

Brandon L. Jensen (Karen Budd-Falen, with him on the briefs), Budd-Falen Law Offices, LLC, Cheyenne, WY, appearing for the Appellant.

Mary Gabrielle Sprague, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, DC (Ronald J. Tenpas, Assistant Attorney General, United States Department of Justice, Washington, DC; Aaron P. Avila, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, DC; John R. Green, Acting United States Attorney for the District of Wyoming, Cheyenne, WY; and Carol A. Statkus, Assistant United States Attorney for the District of Wyoming, Cheyenne, WY, with her on the brief), appearing for the Appellees.

Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, NM, filed a brief for Amicus Curiae New Mexico Cattle Growers' Association and New Mexico Federal Lands Council.

Before TACHA, BALDOCK, and O'BRIEN, Circuit Judges.

TACHA, Circuit Judge.

Plaintiff-Appellant Smithfork Grazing Association ("Smithsfork") is an association of ranchers who hold federal grazing permits entitling them to run livestock on an allotment in southwestern Wyoming. After the Bureau of Land Management ("BLM") issued decisions modifying the terms and conditions of these permits, Smithsfork petitioned for a stay of the decisions pending an administrative appeal. An administrative law judge denied the stay petition...

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