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GREATER YELLOWSTONE COALITION v. TIDWELL

No. 07-8083.

572 F.3d 1115 (2009)

GREATER YELLOWSTONE COALITION; Jackson Hole Conservation Alliance; Wyoming Outdoor Council, Petitioners-Appellants, v. Tom TIDWELL, in his official capacity as Chief, United States Forest Service; Carol "Kniffy" Hamilton, in her official capacity as United States Forest Service Supervisor, Bridger-Teton National Forest; James M. Hughes, in his official capacity as Director, United States Bureau of Land Management; Bob Bennett, in his official capacity as Wyoming State Director, United States Bureau of Land Management, Respondents-Appellees, and State of Wyoming; Wyoming Stock Growers Association, Intervenors-Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 2009.

Attorney(s) appearing for the Case

Timothy J. Preso (Abigail M. Dillen with him on the briefs), Earthjustice, Bozeman, MT, for Petitioners-Appellants.

Robert H. Oakley, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C.(Ronald J. Tenpas, Assistant Attorney General; James C. Kilbourne and Lori Caramanian, United States Department of Justice, Environmental & Natural Resources Division, Washington, D.C., with him on the brief) for Respondents-Appellees.

C. Levi Martin, Senior Assistant Attorney General, Cheyenne, WY (Jay A. Jerde, Deputy Attorney General, Cheyenne, WY, and John C. McKinley of Davis & Cannon, Cheyenne, WY, with him on the briefs) for Intervenors-Respondents-Appellees.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Petitioners-Appellants Greater Yellowstone Coalition, Jackson Hole Conservation Alliance, and Wyoming Outdoor Council (collectively "GYC") sent a letter to the United States Forest Service ("Forest Service") and the United States Bureau of Land Management ("BLM") requesting the agencies to undertake environmental analyses of Wyoming elk feedgrounds located on federal land. In the letter, GYC alleged the environmental...

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