State of WYOMING, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; E. Scott Pruitt, in his official capacity as Administrator of the United States Environmental Protection Agency; Doug Benevento, in his official capacity as Region 8 Administrator of the United States Environmental Protection Agency, Respondents.
The Northern Arapaho Tribe; Eastern Shoshone Tribe; City of Riverton, Wyoming; Fremont County, Wyoming, Intervenors.
State of Idaho; State of Alabama; State of Colorado; State of Kansas; State of Montana; State of Nebraska; State of North Dakota; State of Oklahoma; State of South Dakota; State of Utah; Indian Law Professors; Riverton Memorial Hospital, LLC; National Congress of American Indians, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 22, 2017.
As Revised November 7, 2017 Nunc Pro Tunc February 22, 2017.
Gina Cannan ( Steven J. Lechner with her on the briefs), Mountain States Legal Foundation, Lakewood, Colorado, for Petitioner Wyoming Farm Bureau Federation.
Samuel C. Alexander , Chief, Indian Resources Section ( John C. Cruden , Assistant Attorney General, Washington, D.C., and David A. Carson , Environmental Defense Section, Denver, Colorado, with him on the briefs) Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Respondents.
Donald R. Wharton ( Robert Hitchcock , Eastern Shoshone Tribe, Office of the Attorney General, Fort Washakie, Wyoming, with him on the briefs), Native American Rights Fund, Boulder, Colorado, for Intervenor Eastern Shoshone Tribe.
Jodi A. Darrough , Deputy Fremont County Attorney, and Rick L. Sollars , City Attorney, City of Riverton, Wyoming, on the briefs for Intervenors Fremont County and City of Riverton, Wyoming.
Lawrence G. Wasden , Attorney General, Steven L. Olsen , Chief of Civil Litigation, and Clay R. Smith , Deputy Attorney General, Boise, Idaho, Luther Strange , Attorney General, Montgomery, Alabama, John Suthers , Attorney General, Denver, Colorado, Derek Schmidt , Attorney General, Topeka Kansas; Tim Fox , Attorney General, Helena, Montana, Jon Bruning , Attorney General, Lincoln, Nebraska; Wayne Stenehjem , Attorney General, Bismark, North Dakota, E. Scott Pruitt , Attorney General, Oklahoma City, Oklahoma, Marty Jackley , Attorney General, Pierre, South Dakota, and Sean D. Reyes , Attorney General, Salt Lake City, Utah, on the brief for Amici Curiae States of Idaho, Alabama, Colorado, Kansas, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, and Utah.
Colette Routel , William Mitchell College of Law, Saint Paul, Minnesota, Bethany Berger , University of Connecticut School of Law, Hartford, Connecticut, and Sarah Wheelock , Tilden McCoy + Dilweg LLP, Sioux City, Iowa, on the brief for Amici Curiae Indian Law Professors.
Before TYMKOVICH, Chief Judge, KELLY, and LUCERO, Circuit Judges.
ORDER
These matters are before the court on the separate Petitions for Rehearing En Banc filed by Intervenors Northern Arapaho Tribe and Eastern Shoshone Tribe. We also have responses to the petitions from the State of Wyoming and the Wyoming Farm Bureau Federation.
Upon consideration, the petitions were circulated to all the judges of the court who are in regular active service and who are not recused. See Fed. R. App. P. 35(a). As no judge...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
