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ARK INITIATIVE v. U.S. FOREST SERVICE

No. 10-1473.

660 F.3d 1256 (2011)

The ARK INITIATIVE; Alex Forsythe; Paul Smith, Plaintiffs-Appellants, Donald Duerr, Plaintiff, v. UNITED STATES FOREST SERVICE; Abigail R. Kimbell, Chief, United States Forest Service, Defendants-Appellees, Colorado Ski County USA, Inc.; National Ski Areas Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 8, 2011.

Attorney(s) appearing for the Case

Matt Kenna of Public Interest Environmental Law, Durango, CO, for Plaintiffs-Appellants.

Allen Brabender (and Beverly Li of United States Department of Justice, Environment & Natural Resources Division; Ignacia S. Moreno , Assistant Attorney General, Environment & Natural Resources Division; Lois Witte of United States Department of Agriculture, Office of the General Counsel, Golden, CO, on the brief), Washington, D.C., for Defendants-Appellees.

Ezekiel J. Williams and Steven K. Imig of Ducker, Montgomery, Lewis & Bess, P.C., Denver, CO, for Amici Curiae.

Before KELLY, SILER, and MATHESON, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants Ark Initiative, Alex Forsythe, and Paul Smith appeal from the district court's judgment in favor of the Defendants-Appellees, the U.S. Forest Service and its Chief. The district court upheld the Defendants' acceptance of the 2003 Master Development Plan ("MDP"), as well as a National Environmental Policy Act ("NEPA") analysis, and decisions concerning the 2006 Snowmass Ski Improvements Project ("Improvements Project...

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