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UTAH NATIVE PLANT SOC. v. U.S. FOREST SERVICE

No. 17-4074.

923 F.3d 860 (2019)

UTAH NATIVE PLANT SOCIETY; Grand Canyon Trust, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Tom Tidwell, in his official capacity as Chief of the U.S. Forest Service, Defendants-Appellees. State of Utah; State of Alaska; State of Colorado; State of Idaho; State of Kansas; State of Nebraska; State of Wyoming; New Mexico Department of Game and Fish; Association of Fish And Wildlife Agencies, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 7, 2019.

Attorney(s) appearing for the Case

Aaron Paul (Neil Levine with him on the briefs), Grand Canyon Trust, Denver, Colorado, for Plaintiffs-Appellants.

Jared C. Bennett , Assistant United States Attorney ( John W. Huber , United States Attorney, with him on the brief), Salt Lake City, Utah, for Defendants-Appellees.

Sean D. Reyes , Utah Attorney General, Tyler R. Green , Utah Solicitor General, and Martin B. Bushman and Gregory Hansen , Assistant Utah Attorneys General, Salt Lake City, Utah, filed an Amicus Curiae Brief for the States of Utah, Alaska, Colorado, Idaho, Kansas, Nebraska, and Wyoming, and the New Mexico Department of Game and Fish in support of Defendants-Appellees.

Carol Frampton and Lane Kisonak , Association of Fish and Wildlife Agencies, Washington, D.C., filed an Amicus Curiae Brief for the Association of Fish and Wildlife Agencies in support of Defendants-Appellees.

Before BRISCOE, BALDOCK, and EID, Circuit Judges.

The La Sal Mountain Range, located in southeastern Utah on the Colorado Plateau, encompasses the vast acreage of the Manti-La Sal National Forest. The highest elevations of the national forest support one of the rare alpine communities in the region. At these elevations, sensitive tundra vegetation grows among talus rock...

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