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WILDWEST INSTITUTE v. KURTH

No. 14-35431.

855 F.3d 995 (2017)

WILDWEST INSTITUTE; Alliance for the Wild Rockies, Plaintiffs-Appellants, v. Jim KURTH, in his official capacity as Acting Director of the U.S. Fish and Wildlife Service, an agency of the U.S. Department of Interior; Ryan Zinke, in his official capacity as Secretary of the Department of Interior, Defendants-Appellees, State of Wyoming, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2017.

Attorney(s) appearing for the Case

Rebecca Kay Smith (argued), Public Interest Defense Center, Missoula, Montana; Timothy M. Bechtold , Bechtold Law Firm, Missoula, Montana; for Plaintiffs-Appellants.

Robert Parke Stockman (argued), H. Hubert Yang , David C. Shilton , and Andrew C. Mergen , Attorneys; John C. Cruden , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Kristin Tita , Office of the Solicitor, Rocky Mountain Region, United States Department of the Interior, Denver, Colorado; for Defendants-Appellees.

Michael J. McGrady (argued), Wyoming Office of the Attorney General, Cheyenne, Wyoming, for Intervenor-Defendant-Appellee.

Before: William A. Fletcher, Ronald M. Gould, and N. Randy Smith, Circuit Judges.

OPINION

Wildwest Institute and the Alliance for the Wild Rockies (collectively, Wildwest) appeal a district court's summary judgment ruling in favor of the Director of the United States Fish and Wildlife Service and the Secretary of the Department of the Interior (collectively, FWS), and the State of Wyoming, in this...

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