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U.S. v. BD. OF COUNTY COM'RS OF COUNTY OF OTERO

No. 15-2210.

843 F.3d 1208 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF OTERO, Defendant-Appellant, and State of New Mexico, Defendant. Pacific Legal Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed December 8, 2016.

Attorney(s) appearing for the Case

Dori E. Richards ( A. Blair Dunn , with her on the briefs), Western Agriculture, Resource and Business Advocates, LLP, Albuquerque, New Mexico, for Appellant.

David C. Shilton ( Nicholas L. Pino , USDA Office of General Counsel, Albuquerque, New Mexico, John C. Cruden , Assistant Attorney General, and Andrew A. Smith , with him on the brief), Environment and Nat. Res. Div., U.S. Department of Justice, Washington, D.C., for Appellee.

John M. Groen and Anthony L. Francois , Pacific Legal Foundation, Sacramento, California, filed an Amicus Curiae brief in support of Appellant.

Before HARTZ, HOLMES, and MATHESON, Circuit Judges.

A New Mexico statute and a resolution adopted by the Otero County Board of County Commissioners purported to authorize the Board to mitigate fire danger in the Lincoln National Forest without first obtaining permission from the U.S. Forest Service. The United States obtained a judgment from the United States District Court...

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