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FRONT RANGE EQUINE RESCUE v. VILSACK

No. 13-2187.

782 F.3d 565 (2015)

FRONT RANGE EQUINE RESCUE; The Humane Society of the United States; Marin Humane Society; Horses for Life Foundation; Return to Freedom; Ramona Cordova; Krystle Smith; Cassie Gross; Deborah Trahan; Barbara Sink; Chief David Bald Eagle; Chief Arvol Looking Horse; Tanya Littlewolf; Roxanne Talltree-Douglas; Foundation to Protect New Mexico Wildlife; Sandy Schaefer, Plaintiffs-Appellants, and State of New Mexico, Plaintiff Intervenor-Appellant, v. Tom VILSACK, Secretary, U.S. Department of Agriculture; Elisabeth A. Hagen, Under Secretary for Food Safety, U.S. Department of Agriculture; Alfred A. Almanza, Administrator, Food Safety and Inspection Service, U.S. Department of Agriculture, Defendants-Appellees, and Responsible Transportation, LLC; Confederated Tribes and Bands of the Yakama Nation; Rains Natural Meats; Valley Meat Company, LLC; Chevaline, LLC; International Equine Business Association; New Mexico Cattle Growers' Association; South Dakota Stockgrowers Association; Ranchers-cattlemen Action Legal Fund United Stockgrowers of America; Marcy Britton; Bill and Jan Wood; Leroy Wetz; Shirley Wetz; Doug Johnson; Judy Johnson; Kujyukuri, Ltd.; United Horsemen; Scenic View Ranch, Defendants Intervenors Appellees. American Farm Bureau Federation; National Cattlemen's Beef Association; New Mexico Farm and Livestock Bureau, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 3, 2015.

Attorney(s) appearing for the Case

Bruce A. Wagman of Schiff Hardin LLP, San Francisco, CA, ( Rocky N. Unruh , Schiff Hardin LLP, San Francisco, CA, Ari Biernoff , Office of the Attorney General for the State of New Mexico, and Brian Egolf of Egolf + Ferlic + Day, LLC, Santa Fe, New Mexico, with him on the briefs) for Plaintiffs-Appellants.

Mark R. Haag , Attorney, Environmental and Natural Resources Division, U.S. Department of Justice ( Thomas N. Bolick , Attorney-Advisor, Office of the General Counsel, U.S. Department of Agriculture, of counsel; Robert G. Dreher , Acting Assistant Attorney General, and Andrew A. Smith and Alison D. Garner , Attorneys, Environmental and Natural Resources Division, U.S. Department of Justice, with him on the briefs), Washington, D.C., for Defendants-Appellees.

Karen Budd-Falen and Kathryn Brack Morrow , Cheyenne, WY; A. Blair Dunn and Patrick J. Rogers , Albuquerque, NM, for Defendants-Intervenors-Appellees.

Jay C. Johnson and Kathryn Kusske Floyd of Venable LLP, Washington, D.C., for Amici Curiae.

Before BACHARACH, McKAY, and McHUGH, Circuit Judges.

This appeal involves environmental challenges to a federal agency's decisions to grant inspection services for the slaughter and processing of horses and other equines at three slaughterhouses. In the proceedings below, the district court affirmed the agency's grants of inspection. Plaintiffs — various organizations...

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