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WHITEWATER DRAW NATURAL RESOURCE v. MAYORKAS

No. 20-55777.

5 F.4th 997 (2021)

WHITEWATER DRAW NATURAL RESOURCE CONSERVATION DISTRICT; Hereford Natural Resource Conservation District; Arizona Association of Conservation Districts; Californians for Population Stabilization; Scientists and Environmentalists For Population Stabilization; New Mexico Cattlegrowers' Association; Glen Colton; Ralph Pope, Plaintiffs-Appellants, v. Alejandro MAYORKAS, in his official capacity as Secretary of Homeland Security; U.S. Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2021.

Attorney(s) appearing for the Case

Julie Axelrod (argued), Washington, D.C.; John C. Eastman and Anthony T. Caso , Center for Constitutional Jurisprudence, Orange, California; Lesley Gay Glackner , Legal Fellow, Center for Immigration Studies, Washington, D.C.; for Plaintiffs-Appellants.

Kevin W. McArdle (argued), Barclay T. Samford , and Robert J. Lundman , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Disivion, United States Department of Justice, Washington, D.C.; Amber N. Napolitano , Attorney, Office of General Counsel, United States Department of Homeland Security, Washington, D.C.; for Defendants-Appellants.

Before: Jay S. Bybee and Daniel A. Bress, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

Plaintiffs are organizations and individuals who seek to reduce immigration into the United States because it causes population growth, which in turn, they claim, has a detrimental effect on the environment. Plaintiffs allege that the Secretary of the Department of...

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