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N. NEW MEXICO STOCKMAN'S v. U.S. FISH AND WILDLIFE

No. 21-2019.

30 F.4th 1210 (2022)

NORTHERN NEW MEXICO STOCKMAN'S ASSOCIATION; Otero County Cattleman's Association, Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE; Greg Sheehan, Principal Deputy Director & Acting Director of the United States Fish & Wildlife Service, in his official capacity, Defendants-Appellees. Center for Biological Diversity; Wildearth Guardians, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 15, 2022.

Attorney(s) appearing for the Case

Jeffrey W. McCoy , Pacific Legal Foundation, Sacramento, California ( Damien M. Schiff and Anthony L. Francois , Pacific Legal Foundation, Sacramento, California; A. Blair Dunn , Western Agriculture, Resource and Business Advocates, LLP, Albuquerque, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Ryan Adair Shannon , Center for Biological Diversity, Portland, Oregon ( Samantha Ruscavage-Barz , WildEarth Guardians, Santa Fe, New Mexico, with him on the brief), for Intervenors-Appellees.

Rachel Heron , Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C. ( Todd Kim , Assistant Attorney General, Andrew C. Mergen , Kevin McArdle , and Devon Lea Flanagan , Attorneys, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Justin Tade , Of Counsel, Senior Attorney, Office of the Solicitor, United States Department of the Interior, Washington, D.C., with her on the brief), for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, PHILLIPS, and McHUGH, Circuit Judges.

This appeal arises from the U.S. Fish and Wildlife Service's designation of critical habitat for the endangered New Mexico Meadow Jumping Mouse. In 2016, the Service exercised its authority under the Endangered Species Act (ESA) to designate nearly 14,000 acres of riparian land in New Mexico, Colorado, and Arizona as critical...

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