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NM FARM AND LIVESTOCK v. U.S. DEPT. OF INTERIOR

No. 17-2211.

952 F.3d 1216 (2020)

NEW MEXICO FARM AND LIVESTOCK BUREAU; New Mexico Cattlegrowers' Association; New Mexico Federal Lands Council, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; Ryan Zinke, in his official capacity as Secretary of the United States Department of Interior; United States Fish and Wildlife Service; Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Defendants-Appellees, and Center for Biological Diversity; Defenders of Wildlife, Intervenor Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 17, 2020.

Attorney(s) appearing for the Case

Christina M. Martin , Pacific Legal Foundation, Palm Beach Gardens, Florida ( Anthony L. François , Pacific Legal Foundation, Sacramento, California, with her on the briefs), for Plaintiffs-Appellants.

Mark R. Haag , Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. ( Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Joan M. Pepin , and Nicole M. Smith , Attorneys, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.; Frank Lupo , Of Counsel, Office of the Solicitor, Southwest Region, U.S. Department of the Interior, Albuquerque, New Mexico, with him on the brief), for Defendants-Appellees.

John Buse , Center for Biological Diversity, Oakland, California, and McCrystie Adams , Defenders of Wildlife, Denver, Colorado, filed a brief for Intervenors-Appellees.

Before LUCERO, HARTZ, and MATHESON, Circuit Judges.

This case involves the designation by the U.S. Fish and Wildlife Service ("the Service") of critical habitat for the jaguar, pursuant to the Endangered Species Act ("ESA"). Plaintiffs filed suit, contending the Service's designation was arbitrary and capricious. The district court ruled in favor of the Service. Exercising...

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