State of WYOMING, Plaintiff-Appellee,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Tom Vilsack, Secretary, United States Department of Agriculture, in his official capacity; Tom Tidwell, Chief Forester, United States Forest Service, in his official capacity, Defendants-Appellants, and
Biodiversity Conservation Alliance; Defenders of Wildlife; National Audubon Society; Natural Resources Defense Council; Pacific Rivers Council; Sierra Club; The Wilderness Society; Wyoming Outdoor Council, Defendants-Intervenors-Appellants.
Colorado Mining Association, Intervenor-Appellee,
State of Washington; Mountain States Legal Foundation; State of California; State of Montana; State of Oregon; California Association of 4 Wheel Drive Clubs; United Four Wheel Drive Associations; American Counsel of Snowmobiles Associations; Blue Ribbon Coalition; Alaska Miners Association; Utah Mining Association; New Mexico Mining Association; Northwest Mining Association; The Western Business Roundtable, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 21, 2011.
October 21, 2011.
Attorney(s) appearing for the Case
James Kaste , Senior Assistant Attorney General, State of Wyoming ( Jay Jerde , Deputy Attorney General; Patrick J. Crank , Speight, McCue & Crank, P.C., with him on the brief), Cheyenne, WY, for Plaintiff-Appellee.
Paul Martin Seby , Moye White, LLP ( Marian C. Larsen , Attorney, Colorado Mining Association, with him on the brief), Denver, CO, for Intervenor-Appellee.
Sally J. Magnani , Supervising Deputy Attorney General, State of California, Sacramento, CA; Mary Sue Wilson , Senior Assistant Attorney General, State of Washington, Olympia, WA; Jeremiah D. Weiner , Assistant Attorney General, State of Montana, Helena, MT; Roger J. DeHoog , Senior Assistant Attorney General, State of Oregon, Salem, OR, filed an amicus curiae brief for the State of California, State of Washington, State of Montana, and State of Oregon.
James Martin Manley , Lakewood, CO, filed an amicus curiae brief for the Mountain States Legal Foundation.
Paul A. Turcke , Moore Smith Buxton & Turcke, Boise, ID, filed an amicus curiae brief for the Blue Ribbon Coalition, California Association of 4 Wheel Drive Clubs, United Four Wheel Drive Associations, and American Counsel of Snowmobiles Associations.
Matthew A. Morr , Featherstone Petrie DeSisto LLP, Denver, CO, filed an amicus curiae brief for the Alaska Miners Association, Utah Mining Association, New Mexico Mining Association, Northwest Mining Association, Wyoming Mining Association, and The Western Business Roundtable.
Before MURPHY, ANDERSON, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLMES, Circuit Judge.
Defendants Forest Service1 and Defendants-Intervenors-Appellants Environmental Groups2 appeal the district court's order setting aside and permanently enjoining the Roadless Area Conservation Rule ("Roadless Rule"), which the Forest Service promulgated in 2001. In setting aside the Roadless Rule, the district court held that the rule violated the Wilderness Act of 1964 ("Wilderness Act...
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