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SAN JUAN CITIZENS ALLIANCE v. STILES

No. 10-1259.

654 F.3d 1038 (2011)

SAN JUAN CITIZENS ALLIANCE; Colorado Environmental Coalition; Colorado Wild; Oil and Gas Accountability Project; The Wilderness Society, Plaintiffs-Appellants, v. Mark STILES, in his official capacity as San Juan National Forest Supervisor and BLM Center Manager of the San Juan Public Lands Center; Rick Cables, in his official capacity as Regional Forester of the Rocky Mountain Region of the U.S. Forest Service; United States Forest Service; Thomas Vilsack, in his official capacity as Secretary of the Department of Agriculture; United States Bureau of Land Management; Ken Salazar, in his official capacity as Secretary of the Department of Interior, Defendants-Appellees, and BP America Production Company; Elm Ridge Exploration Company, LLC; Exok, Inc.; Petrox Resources, Inc.; XTO Energy Inc., Intervenor-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 2011.

Attorney(s) appearing for the Case

Michael S. Freeman ( Edward B. Zukoski and Margaret Parish , with him on the briefs), Earthjustice, Denver, CO, for Plaintiffs-Appellants.

Thekla Hansen-Young , U.S. Department of Justice, Environment & Natural Resources Division, ( Ignacia S. Moreno , Assistant Attorney General; Andrew C. Mergen , Robert Oakley , John S. Most , U.S. Department of Justice, Environment & Natural Resources Division; Kenneth Caps , U.S. Department of Agriculture, Office of General Counsel; and Philip Lowe , U.S. Department of the Interior, Office of Solicitor, with her on the briefs), Washington, D.C., for Defendants-Appellees.

Ezekiel J. Williams , Ducker, Montgomery, Lewis & Bess, P.C., ( Steven K. Imig , Ducker, Montgomery, Lewis & Bess, P.C.; Bret A. Sumner , William E. Sparks , Beatty & Wozniak, P.C., with him on the brief, and Charles L. Kaiser , Charles A. Breer , Davis Graham & Stubbs LLP), Denver, CO, for Intervenor-Defendants-Appellees.

Before MURPHY, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

This appeal concerns the Northern San Juan Basin Coal Bed Methane project (the Project), which has been approved by the United States Forest Service (the Forest Service) and the Bureau of Land Management (the BLM). The Project contemplates the construction of numerous gas wells within the San Juan National Forest (the Forest) and on other federal lands. San Juan Citizens Alliance and four other environmental advocacy groups (collectively, SJCA...

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