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BIODIVERSITY CONSERVATION v. U.S. FOREST SERVICE

No. 12-8071.

765 F.3d 1264 (2014)

BIODIVERSITY CONSERVATION ALLIANCE, Petitioner-Appellant, v. UNITED STATES FOREST SERVICE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 3, 2014.

Attorney(s) appearing for the Case

John Meyer , Cottonwood Environmental Law Center, Bozeman, MT ( John Persell , Biodiversity Conservation Alliance, Laramie, WY, and Megan Hayes , Corthell and King, P.C., Laramie, WY, with him on the briefs) for Petitioner-Appellant.

Mark R. Haag , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. ( Robert G. Dreher , Acting Assistant Attorney General, John P. Tustin and Robert P. Stockman , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., and Randy Bramer , Senior Counsel, Office of the General Counsel, United States Department of Agriculture, Golden, CO, with him on the brief) for Respondent-Appellee.

Before TYMKOVICH, McKAY, and MATHESON, Circuit Judges.

TYMKOVICH, Circuit Judge.

Biodiversity Conservation Alliance challenges a United States Forest Service decision modifying trail use in the two-million-acre Medicine Bow National Forest in southern Wyoming. In particular, the Forest Service formally closed several hundred miles of unauthorized motorized trails, but allowed motorcycle use on an approximately five-mile trail in the Middle Fork Inventoried Roadless Area (Middle Fork IRA) and several connecting trails...

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