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NEW MEXICO v. DEPT. OF INTERIOR

Nos. 14-2219 & 14-2222.

854 F.3d 1207 (2017)

State of NEW MEXICO, Plaintiff-Appellee, v. DEPARTMENT OF the INTERIOR; Ryan Zinke, in his official capacity as Secretary of the Interior, Defendants-Appellants, and Pueblo of Pojoaque, a federally-recognized Indian Tribe, Intervenor Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed April 21, 2017.

Attorney(s) appearing for the Case

J. David Gunter II , U.S. Department of Justice, Environment & Natural Resources Div., Washington, D.C. ( John C. Cruden , Assistant Attorney General, Steven Miskinis and Yosef M. Negose , U.S. Department of Justice, Environment & Natural Resources Div., Washington, D.C., with him on the briefs), for Defendants-Appellants.

Steffani A. Cochran , Pueblo of Pojoaque Legal Department, Santa Fe, New Mexico, and Scott Crowell , Crowell Law Offices, Sedona, Arizona, for Intervenor Defendant-Appellant.

Eric D. Miller , Perkins Coie, Seattle, Washington ( Jennifer A. MacLean , Perkins Coie, Washington, D.C., and Jeremiah L. Ritchie , Office of the Governor, Santa Fe, New Mexico, with him on the briefs), for Plaintiff-Appellee.

Before HOLMES, McHUGH, and MORITZ, Circuit Judges.

The State of New Mexico ("the State" or "New Mexico") brought suit against the Department of the Interior ("DOI") to challenge its authority to promulgate the regulations found at 25 C.F.R. § 291 et seq. ("Part 291"). The challenged regulations concern the process under which Indian tribes and states negotiate...

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