AM. WILD HORSE PRESERV. CAMPAIGN v. JEWELL

No. 15-8033.

847 F.3d 1174 (2016)

AMERICAN WILD HORSE PRESERVATION CAMPAIGN; Cloud Foundation; Return to Freedom; Carol Walker; Kimerlee Curyl; Ginger Kathrens, Petitioners-Appellants, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; Neil Kornze, in his official capacity as Bureau of Land Management Acting Director, Respondents-Appellees. Rock Springs Grazing Association; State Of Wyoming, Intervenor Respondents-Appellees. Natural Resources and Administrative Law Professors; Mountain States Legal Foundation; Wyoming Stock Growers Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed October 24, 2016.


Attorney(s) appearing for the Case

William S. Eubanks II , of Meyer Glitzenstein & Eubanks LLP, Fort Collins, Colorado ( Katherine A. Meyer of Meyer Glitzenstein & Eubanks, LLP, Washington, D.C., with him on the briefs), for Petitioners-Appellants.

Thekla Hansen-Young , Attorney, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C. ( John C. Cruden , Assistant Attorney General; Arthur R. Kleven , Office of the Solicitor, United States Department of the Interior; Andrew C. Mergen , Mark R. Haag , Coby Howell and Jason A. Hill , Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., with her on the brief), for Respondents-Appellees.

Constance E. Brooks , of C. E. Brooks & Assoc., P.C., Denver, Colorado ( Cody Doig and Danielle Hagen of C. E. Brooks & Assoc. P.C., Denver, Colorado; and Galen West of West Law Office, PC, Rock Springs, Wyoming, with her on the brief), for Intervenor Respondent-Appellee, Rock Springs Grazing Association.

Erik E. Petersen , Office of Wyoming Attorney General, Cheyenne, Wyoming ( Michael J. McGrady , Office of Wyoming Attorney General, with him on the brief), for Intervenor Respondent-Appellee, State of Wyoming.

Daniel H. Lutz and Hope M. Babcock of the Institute for Public Representation, Georgetown University Law Center, Washington, D.C., filed an Amicus Brief on behalf of the Amici Curiae Law Professors.

Maegan L. Woita and Steven J. Lechner of the Mountain States Legal Foundation, Lakewood, Colorado, filed an Amicus Brief on behalf of the Wyoming Stock Growers Association and Mountain States Legal Foundation.

Before BRISCOE, McKAY and MATHESON, Circuit Judges.


Petitioners American Wild Horse Preservation Campaign, The Cloud Foundation, Return to Freedom, Carol Walker, and Kimerlee Curyl filed this action against Sally Jewell, the Secretary of the Department of the Interior, and Neil Kornze, the acting director of the Bureau of Land Management (BLM), seeking review of BLM's decision...

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