NEW DEPT OF GAME & FISH v. US DEPT OF THE INTERIOR

Nos. 16-2189 & 16-2202.

854 F.3d 1236 (2017)

NEW MEXICO DEPARTMENT OF GAME AND FISH, Petitioner-Appellee, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Ryan Zinke, in his official capacity as Secretary of the United States Department of the Interior; United States Fish and Wildlife Service; Jim Kurth, in his official capacity as Acting Director of the United States Fish and Wildlife Service; Dr. Benjamin Tuggle, in his official capacity as Southwest Regional Director for the United States Fish and Wildlife Service, Respondents, and Defenders of Wildlife; Center for Biological Diversity; WildEarth Guardians; New Mexico Wilderness Alliance, Defendants Intervenors-Appellants, and Foundation to Protect New Mexico Wildlife; New Mexico Farm and Livestock Bureau; New Mexico Cattle Growers Association, Spur Ranch Cattle Co. LLC; Mountain States Legal Foundation; Association of Fish and Wildlife Agencies; State of Colorado; State of Alabama; State of Alaska; State of Arizona; State of Arkansas; State of Idaho; State of Kansas; State of Michigan; State of Montana; State of Nebraska; State of Nevada; State of New Hampshire; State of Oklahoma; State of South Dakota; State of Texas; State of Utah; State of Wisconsin; State of Wyoming; Rocky Mountain Elk Foundation; Safari Club International, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED April 25, 2017.


Attorney(s) appearing for the Case

McCrystie Adams ( James Jay Tutchton with her on the briefs), Defenders of Wildlife, Denver, Colorado, for Defendants Intervenors-Appellants.

Rachel Heron , Attorney, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C. ( John C. Cruden , Assistant Attorney General; Andrew Mergen , Ellen Durkee , Meredith L. Flax , Bridget Kennedy McNeil , Clifford E. Stevens, Jr. , and Andrew A. Smith , Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; and Ann Navarro and Justin Tade , Office of the Solicitor, United States Department of the Interior, with her on the briefs), for Respondents.

Matthias L. Sayer , New Mexico Department of Game and Fish, Santa Fe, New Mexico ( Paul S. Weiland , Benjamin Z. Rubin , Ashley J. Remillard , Nossaman LLP, Irvine, California, with him on the briefs), for Petitioner-Appellee.

Kate Ferlic and Kristina Caffrey , Egolf + Ferlic + Harwood, LLC, Santa Fe, New Mexico, filed an amicus brief on behalf of Foundation to Protect New Mexico Wildlife.

Kent Holsinger , Holsinger Law, LLC, Denver, Colorado, filed an amicus brief on behalf of New Mexico Farm and Livestock Bureau.

M. Reed Hopper , Pacific Legal Foundation, Sacramento, California, filed an amicus brief on behalf of New Mexico Cattle Growers Association.

Carol Bambery , Association of Fish and Wildlife Agencies, Washington, D.C., filed an amicus brief on behalf of Association of Fish and Wildlife Agencies.

John I. Kittel , Mazur and Kittel, PLLC, Farmington Hills, Michigan, filed an amicus brief on behalf of Rocky Mountain Elk Foundation.

Anna M. Seidman and Douglas S. Burdin , Safari Club International, Washington, D.C., filed an amicus brief on behalf of Safari Club International.

Gina Cannan and Steven J. Lechner , Mountain States Legal Foundation, Lakewood, Colorado, filed an amicus brief on behalf of Spur Ranch Cattle Co. LLC and Mountain States Legal Foundation.

Lisa A. Reynolds , Assistant Attorney General, Office of the Colorado Attorney General, Denver, Colorado ( Cynthia Coffman , Attorney General; Frederick R. Yarger , Solicitor General; with her on the briefs) (together with Luther Strange , Attorney General of Alabama, Montgomery, Alabama; Jahna Lindemuth , Attorney General of Alaska, Juneau, Alaska; Mark Brnovich , Attorney General of Arizona, Phoenix, Arizona; Leslie Rutledge , Attorney General of Arkansas, Little Rock, Arkansas; Lawrence G. Wasden , Attorney General of Idaho, Boise, Idaho; Derek Schmidt , Attorney General of Kansas, Topeka, Kansas; Bill Schuette , Attorney General of Michigan, Lansing, Michigan; Tim Fox , Attorney General of Montana, Helena, Montana; Douglas J. Peterson , Attorney General of Nebraska, Lincoln, Nebraska; Adam Paul Laxalt , Attorney General of Nevada, Carson City, Nevada; Joseph A. Foster , Attorney General of New Hampshire, Concord, New Hampshire; E. Scott Pruitt , Attorney General of Oklahoma, Oklahoma City, Oklahoma; Marty J. Jackley , Attorney General of South Dakota, Pierre, South Dakota; Ken Paxton , Attorney General of Texas, Austin, Texas; Sean D. Reyes , Attorney General of Utah, Salt Lake City, Utah; Brad D. Schimel , Attorney General of Wisconsin, Madison, Wisconsin; Peter K. Michael , Attorney General of Wyoming, Cheyenne, Wyoming) filed an amicus brief on behalf of the States of Colorado, Alabama, Alaska, Arizona, Arkansas, Idaho, Kansas, Michigan, Montana, Nebraska, Nevada, New Hampshire, Oklahoma, South Dakota, Texas, Utah, Wisconsin and Wyoming.

Before HOLMES, MATHESON, and McHUGH, Circuit Judges.


These consolidated appeals arise from the district court's grant of a preliminary injunction to the New Mexico Department of Game and Fish (the "Department"). The injunction followed the release, without a state permit, of two Mexican gray wolf pups on federal land located in New Mexico by the United States Fish and Wildlife...

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