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DINÉ CITIZENS AGAINST RUINING OUR ENV'T v. HAALAND

No. 21-2116.

59 F.4th 1016 (2023)

DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; Sierra Club; WildEarth Guardians, Plaintiffs-Appellants, v. Debra HAALAND, in her official capacity as Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency within the United States Department of the Interior; Tim Spisak, in his official capacity as Acting New Mexico State Director of the United States Bureau of Land Management; Rick Fields, in his official capacity as Field Manager of the United States Bureau of Land Management Farmington Field Office, Defendants-Appellees, and DJR Energy Holdings, LLC; Simcoe, LLC; American Petroleum Institute; Alice Benally; Lilly Comanche; Virginia Harrison; Samuel Harrison; Delora Hesuse; Verna Martinez; Lois Phoenix; Mabel C. Senger; Enduring Resources IV, LLC, Intervenor Defendants-Appellees. Institute for Policy Integrity at New York University School of Law, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED February 1, 2023.

Attorney(s) appearing for the Case

Kyle J. Tisdel , Western Environmental Law Center, Taos, New Mexico ( Allyson A. Beasley , Western Environmental Law Center, Taos, New Mexico; Daniel L. Timmons and Samantha Ruscavage-Barz , WildEarth Guardians, Santa Fe, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Bridget Kennedy McNeil , Environment and Natural Resources Division, U.S. Department of Justice ( Michael C. Williams , Of Counsel, Attorney-Adviser, Office of the Solicitor, U.S. Department of the Interior; Todd Kim , Assistant Attorney General, and Clare Boronow , Environment and Natural Resources Division, U.S. Department of Justice, with her on the briefs), Denver, Colorado, for Defendants-Appellees.

Steven Rosenbaum , Covington & Burling LLP ( Bradley K. Ervin with him on the brief), Washington, D.C., for Intervenor Defendant-Appellee American Petroleum Institute.

Hadassah M. Reimer , Holland & Hart LLP, Jackson, Wyoming; John F. Shepherd and Tina R. Van Bockern , Holland & Hart LLP, Denver, Colorado; and Robert J. Sutphin , Holland & Hart LLP, Santa Fe, New Mexico, filed a brief for Intervenor Defendants-Appellees DJR Energy Holdings, LLC and SIMCOE LLC.

Jennifer H. Weddle , Troy A. Eid , and Harriet M. Retford , Greenberg Traurig LLP, Denver, Colorado, filed a brief for Intervenor Defendants-Appellees Alice Benally, Lilly Comanche, Virginia Harrison, Samuel Harrison, Dolora Hesuse, Verna Martinez, Lois Phoenix, and Mabel C. Senger.

Jens Jensen , Keith D. Tooley , and Rebecca W. Watson , Welborn Sullivan Meck & Tooley, P.C., Denver, Colorado, filed a brief for Intervenor Defendant-Appellee Enduring Resources IV, LLC.

Max Sarinsky , Institute for Policy Integrity, New York, New York, filed an amicus brief for the Institute for Policy Integrity at New York University School of Law.

Before McHUGH, EBEL, and MURPHY, Circuit Judges.

Diné Citizens Against Ruining Our Environment, San Juan Citizens Alliance, Sierra Club, and WildEarth Guardians (together, the "Citizen Groups") challenge the Bureau of Land Management's ("BLM")1 environmental assessments ("EAs") and environmental assessment addendum ("EA Addendum") analyzing...

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