WYOMING v. U.S. DEPT. OF INTERIOR

Nos. 10-8088, 10-8089, 10-8090.

674 F.3d 1220 (2012)

State of WYOMING, Petitioner-Appellant, Park County Board of County Commissioners, Petitioner, and International Snowmobile Manufacturers Association, Inc., Plaintiff-Intervenor, v. UNITED STATES DEPARTMENT OF INTERIOR; Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior; Jon Jarvis, in his official capacity as National Park Service Director; Michael Snyder, in his official capacity as National Park Service Intermountain Regional Director, National Park Service, Respondents-Appellees, and National Parks Conservation Association, Respondent-Intervenor-Appellee. State of Wyoming, Petitioner, Park County Board of County Commissioners, Petitioner-Appellant, International Snowmobile Manufacturers Association, Inc., Plaintiff-Intervenor, v. United States Department of Interior; National Park Service; Jon Jarvis, in his official capacity as National Park Service Director; Michael Snyder, in his official capacity as Intermountain Regional Director, National Park Service; Ken Salazar, Respondents-Appellees, and National Parks Conservation Association, Respondent-Intervenor-Appellee. Park County Board of County Commissioners, Petitioner, International Snowmobile Manufacturers Association, Inc., Plaintiff-Intervenor-Appellant, v. Jon Jarvis, in his official capacity as Director of the National Park Service Director; Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior; Michael Snyder, in his official capacity as Intermountain Regional Director, National Park Service; United States Department of Interior, Respondents, and National Parks Conservation Association, Respondent-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

April 5, 2012.


Attorney(s) appearing for the Case

James Kaste , Senior Assistant Attorney General, Cheyenne, WY, and James Davis , Deputy Park County Attorney, Cody, WY, ( Jay Jerde , Deputy Attorney General, Cheyenne, WY, Bryan A. Skoric , Park County Attorney, Cody, WY, with them on the brief), for Petitioners-Appellants.

( William P. Horn , Birch Horton Bittner & Cherot, PC, Washington D.C., Harriet M. Hageman , Hageman & Brighton, Cheyenne, WY, on the brief for Petitioner-Intervenor-Appellant).

Andrew Mergen , United States Department of Justice ( Ignacia S. Moreno , Assistant Attorney General, Aaron P. Avila and Justin R. Pidot , United States Department of Justice, with him on the brief), Washington, D.C., for Respondents-Appellees.

Robert D. Rosenbaum ( Brett E. Marston and Holly E. Sterrett , with him on the brief), Arnold & Porter LLP, Washington, D.C., for Respondent-Intervenor-Appellee.

Before BRISCOE, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.


ORDER

This matter is before the court on the appellant's petition for rehearing. Upon consideration, the petition is granted. The court's original decision dated February 29, 2012, is withdrawn. An amended decision is attached to this order and shall be shown filed as of today's date. The mandate issued February 29, 2012, is hereby recalled.

BALDOCK, Circuit Judge.

In 1974, the National Park Service (NPS) adopted a default rule prohibiting the use...

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