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WILDEARTH GUARDIANS v. U.S. FISH & WILDLIFE SERV.

Nos. 12-1508, 12-1509.

784 F.3d 677 (2015)

WILDEARTH GUARDIANS; Rocky Mountain Wild; the Town of Superior, a Colorado municipality, Plaintiffs-Appellants, and City of Golden, Colorado, Plaintiff, v. UNITED STATES FISH AND WILDLIFE SERVICE; United States Department of the Interior; S.M.R. Jewell, acting in her official capacity as Secretary of the Interior; Daniel M. Ashe, acting in his official capacity as Director of the United States Fish and Wildlife Service; Noreen Walsh, acting in her official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service; David Lucas, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants-Appellees, and The Board of County Commissioners of the County of Jefferson, Colorado; City of Arvada; Jefferson Parkway Public Highway Authority; Colorado Natural Resource Trustees of the State of Colorado; The Board of Land Commissioners of the State of Colorado, Defendant Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

April 17, 2015.

Attorney(s) appearing for the Case

Neil Levine ( James Jay Tutchton, WildEarth Guardians, Centennial, CO, and Matthew Sandler, Rocky Mountain Wild, Denver, CO, Timothy Gablehouse and Melanie Granberg, Gablehouse Granberg, Denver, CO, with him on the briefs), Denver, CO, for Plaintiffs-Appellants.

Mary Gabrielle Sprague ( Robert G. Dreher, Acting Assistant Attorney General, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC; Andrew C. Mergen and Ellen J. Durkee, U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, DC, with her on the brief), U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Howard Kenison and Patrick G. Compton, Lindquist & Vennum LLP, Denver, CO; Ellen G. Wakeman, Jefferson County Attorney, Writer Mott, Assistant County Attorney, and Eric Butler, Assistant County Attorney, Jefferson County Attorney's Office, Golden, CO; Christopher K. Daly, City Attorney, and Roberto Ramirez, Assistant City Attorney, City of Arvada City Attorney's Office, Arvada, CO; John W. Suthers, Attorney General, Daniel S. Miller, Senior Assistant Attorney General, Edgar Hamrick, First Assistant Attorney General, Jason King, Assistant Attorney General, and Heather Warren, Assistant Attorney General, Office of the Attorney General, State of Colorado, Denver, CO, on the brief for Defendant-Intervenors-Appellees.

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.

The U.S. Fish and Wildlife Service ("the Service") conveyed to a consortium of local governments a strip of land ("the corridor") for the construction of a parkway. Its decision was challenged on various environmental grounds by several parties, including WildEarth Guardians, Rocky...

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