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COPAR PUMICE CO., INC. v. TIDWELL

No. 07-2211.

603 F.3d 780 (2010)

COPAR PUMICE CO., INC., Plaintiff-Appellant, v. Tom TIDWELL, Chief of the United States Forest Service; United States Forest Service; Gilbert Zepeda, Appeal Reviewing Officer, Deputy Regional Forester, United States Forest Service; Daniel J. Jiron, Forest Supervisor, United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 2010.

Attorney(s) appearing for the Case

Joseph E. Manges of Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, for Plaintiff-Appellant.

Elizabeth Ann Peterson, Attorney, Environment and Natural Resources, United States Department of Justice, Washington, D.C. (John C. Cruden, Acting Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; William B. Lazarus, Attorney, Department of Justice, Washington, D.C.; Patricia Leigh Disert, Of Counsel, Office of General Counsel, United States Department of Agriculture, Albuquerque, NM; Andrew R. Varcoe, Of Counsel, Office of the General Counsel, Litigation Division, United States Department of Agriculture, Washington, D.C., with her on the brief), for Defendants-Appellees.

Before HENRY, Chief Judge, HOLLOWAY, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner-Appellant Copar Pumice Company, Inc. ("Copar"), proceeding under the Administrative Procedure Act, 5 U.S.C. § 500 et seq. ("APA"), appeals the district court's denial of its petition for review concerning the Notice of Noncompliance that the United States Forest Service (FS) issued to Copar concerning its pumice mining activities. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Copar...

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