WESTERN WATERSHEDS PROJECT; National Press Photographers Association; Natural Resource Defense Council, Plaintiffs-Appellants, and
People for the Ethical Treatment of Animals Inc; Center for Food Safety, Plaintiffs,
v.
Peter K. MICHAEL, in his official capacity as Attorney General of Wyoming; Todd Parfitt, in his official capacity as Director of the Wyoming Department of Environmental Quality; Patrick Jon Lebrun, Esq., in his official capacity as County Attorney of Fremont County, Wyoming; Joshua Smith, in his official capacity as County Attorney of Lincoln County, Wyoming; Clay Kainer, in his official capacity as County and Prosecuting Attorney of Sublette County, Wyoming, Defendants-Appellees, and
Center for Agriculture and Food Systems; First Amendment Legal Scholars, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED September 7, 2017.
FILED September 7, 2017.
Attorney(s) appearing for the Case
David S. Muraskin , Public Justice, P.C., Washington, D.C. ( Leslie A. Brueckner , Public Justice, P.C., Oakland, California, Justin Marceau , University of Denver Sturm College of Law, Denver, Colorado, Deepak Gupta , Gupta Wessler, PLLC, Washington, D.C., Michael E. Wall , San Francisco, California, Margaret Hsieh , Natural Resources Defense Council, New York, New York, and Reed Zars , Laramie, Wyoming, with him on the briefs), for Plaintiffs-Appellants.
Erik E. Petersen ( James Kaste , with him on the brief), Office of the Attorney General for the State of Wyoming, Cheyenne, Wyoming, for Peter K. Michael and Todd Parfitt, Defendants-Appellees.
Matt Gaffney , Chief Deputy Sublette County and Prosecuting Attorney, Pinedale, Wyoming, filed a brief for Clay Kainer, Defendant-Appellee.
Richard Rideout , Law Office of Richard Rideout, PC, Cheyenne, Wyoming, filed a brief for Joshua Smith and Patrick Jon LeBrun, Defendants-Appellees.
Carrie Ann Scrufari , Center for Agriculture and Food Systems, Vermont Law School, South Royalton, Vermont, filed an Amicus Curiae brief for Center for Agriculture and Food Systems.
Alan K. Chen , University of Denver Sturm College of Law, Denver, Colorado, and Edward T. Ramey , Tierney Lawrence, LLC, Denver, Colorado, filed an Amicus Curiae brief for First Amendment Legal Scholars.
Before LUCERO, McKAY, and HARTZ, Circuit Judges.
LUCERO, Circuit Judge.
In addition to its generally applicable law of trespass, the State of Wyoming has enacted a pair of statutes imposing civil and criminal liability upon any person who "[c]rosses private land to access adjacent or proximate land where he collects resource data." Wyo. Stat. §§ 6-3-414(c); 40-27-101(c). In light of...
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