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HIGH COUNTRY CONSERV. ADVOCATES v. US FOREST SERV.

No. 18-1374.

951 F.3d 1217 (2020)

HIGH COUNTRY CONSERVATION ADVOCATES; WildEarth Guardians; Center for Biological Diversity; Sierra Club; Wilderness Workshop, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; United States Department of Agriculture; Daniel Jirón, in his official capacity as Acting Under Secretary of Agriculture for Natural Resources and Environment, U.S. Department of Agriculture; Scott Armentrout, in his official capacity as Supervisor of the Grand Mesa Uncompahgre, and Gunnison National Forests; United States Department of Interior; Bureau of Land Management; Katherine MacGregor, in her official capacity as Deputy Assistant Secretary, Land and Minerals Management, U.S. Department of Interior, Defendants-Appellees, and Mountain Coal Company, LLC, Intervenor Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED March 2, 2020.

Attorney(s) appearing for the Case

Robin Cooley , Earthjustice, Denver, Colorado ( Yuting Chi , Earthjustice, Denver, Colorado, and Nathaniel Shoaff , Sierra Club, Oakland, California, with her on the briefs), for Plaintiffs-Appellants.

John Emad Arbab , Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. ( Jeffery Bossert Clark , Eric Grant , John L. Smeltzer , John S. Most , Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.; Stephen Alexander Vaden , Kenneth Capps , Office of the General Counsel, U.S. Department of Agriculture; and Kristen Guerriero , Office of the Solicitor, U.S. Department of the Interior, with him on the brief), for Defendants-Appellees.

Michael Drysdale , Dorsey & Whitney LLP, Minneapolis, Minnesota ( Sarah Goldberg , Dorsey & Whitney LLP, Salt Lake City, Utah, with him on the brief), for Intervenor Defendant-Appellee.

Before BRISCOE, KELLY, and LUCERO, Circuit Judges.

This appeal is the latest installment in a long-running dispute concerning road construction and coal leases in National Forest lands near the North Fork of the Gunnison River in Colorado. The Colorado Roadless Rule, which the Forest Service adopted in 2012, prohibits road construction in designated areas but included an exception...

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