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ROCKY MOUNTAIN PEACE & JUSTICE CENTER v. USFWS

No. 21-1310.

40 F.4th 1133 (2022)

ROCKY MOUNTAIN PEACE & JUSTICE CENTER; Candelas Glows/Rocky Flats Glows; Rocky Flats Right To Know; Rocky Flats Neighborhood Association; Environmental Network (EIN) Inc., Plaintiffs-Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE; Martha Williams, in her official capacity as Principal Deputy Director, United States Fish and Wildlife Service; Debra Haaland, in her official capacity as Secretary of the Interior; David Lucas, in his official capacity as Project Leader, Region 6, U.S. Fish and Wildlife Service; United States Federal Highway Administration; Stephanie Pollack, in her official capacity as Acting Administrator of the United States Federal Highway Administration; Peter Buttigieg, in his official capacity as Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 19, 2022.

Attorney(s) appearing for the Case

Randall M. Weiner , Weiner & Cording ( Annmarie Cording , Weiner & Cording; Andrew G. Ogden , with him on the briefs) Boulder, Colorado, for Plaintiffs-Appellants.

Michelle Melton ( Todd S. Kim , Assistant Attorney General; Andrew Mergen , Ellen Durkee , Jessica Held , Lesley Lawrence-Hammer , Attorneys; Kate Williams-Shuck , Attorney-Advisor, with her on the briefs) U. S. Department of Justice, Washington, D.C., for Defendants-Appellees.

Before MATHESON, KELLY, and McHUGH, Circuit Judges.

This appeal concerns the United States Fish and Wildlife Service's (the "Service") decision to modify certain trail paths in the Rocky Flats National Wildlife Refuge (the "Refuge").

Appellants1 are organizations that challenge the Service's 2018 decision to modify

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