DEFENDERS OF WILDLIFE v. EVERSON

Nos. 18-8061, 18-8062.

984 F.3d 918 (2020)

DEFENDERS OF WILDLIFE; Wyoming Wildlife Advocates, Plaintiffs-Appellants, v. Margaret EVERSON, Director, National Park Service; Michael T. Reynolds, Director, National Park Service Intermountain Region; United States Department of Interior; David L. Bernhardt, in his official capacity as Secretary of the Department of the Interior, Defendants-Appellees, and State of Wyoming, Intervenor Defendant-Appellee. National Parks Conservation Association; Greater Yellowstone Coalition, Plaintiffs-Appellants, v. United States Department of Interior; National Park Service, Defendants-Appellees, and State of Wyoming, Intervenor Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed December 30, 2020.


Attorney(s) appearing for the Case

Timothy J. Preso , ( Katherine K. O'Brien , Earthjustice, Bozeman, Montana with him on the briefs) for Defenders of Wildlife and Wyoming, Wildlife Advocates, Plaintiffs-Appellants.

Robert D. Rosenbaum , Arnold & Porter Kaye Scholer LLP, Washington, D.C., for National Parks Conservation Association, Greater Yellowstone Coalition, the Plaintiffs-Appellants.

Kevin W. McArdle , Environment and Natural Resources Division, Washington, D.C., ( Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Ellen J. Durkee , Judith E. Coleman , Environment and Natural Resources Division, Washington, D.C., and Tyson Powell , of Counsel, Office of the Regional Solicitor U.S. Department of the Interior, Lakewood, Colorado with him on the brief) for Federal Defendants-Appellees.

Erik E. Petersen , Senior Assistant Attorney General of Wyoming, ( James Kaste , Deputy Attorney General, with him on the brief) Office of Attorney General, Cheyenne, Wyoming, for the State of Wyoming, Intervenor Defendant-Appellee.

Before LUCERO, HOLMES, and MORITZ, Circuit Judges.


Grand Teton National Park (the "Park") is an iconic landscape of the American West, renowned for its regal mountains and picturesque vistas. Situated in northwestern Wyoming, it encompasses a sprawling 310,000 acres of land, over ninety-nine percent of which is owned by the federal government. The remaining roughly one percent...

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