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WESTERN WATERSHEDS PROJECT v. HAALAND

No. 22-8031, No. 22-8043.

69 F.4th 689 (2023)

WESTERN WATERSHEDS PROJECT; Alliance for the Wild Rockies; Yellowstone to Uintas Connection, Petitioners-Appellants, and Center for Biological Diversity; Sierra Club, Petitioners, v. Debra A. HAALAND, in her official capacity as Secretary of the United States Department of the Interior; United States Forest Service; United States Fish and Wildlife Service, Respondents-Appellees, and State of Wyoming; Upper Green River Cattle Association; Sommers Ranch, LLC; Price Cattle Ranch; Murdoch Land and Livestock Co.; Wyoming Stock Growers Association, Intervenor Respondents-Appellees. Center for Biological Diversity; Sierra Club, Petitioners-Appellants, and Western Watersheds Project; Alliance for the Wild Rockies; Yellowstone to Uintas Connection, Petitioners, v. Debra A. Haaland, in her official capacity as Secretary of the United States Department of the Interior; United States Forest Service; United States Fish and Wildlife Service, Respondents-Appellees, and State of Wyoming; Upper Green River Cattle Association; Sommers Ranch, LLC; Price Cattle Ranch; Murdoch Land and Livestock Co.; Wyoming Stock Growers Association, Intervenor Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED May 25, 2023.

Attorney(s) appearing for the Case

Andrea Zaccardi , Center for Biological Diversity, Victor, Idaho ( William John Snape, III , Center for Biological Diversity, Washington, D.C. with her on the briefs) for Petitioners-Appellants Center for Biological Diversity and Sierra Club.

Megan Backsen , Western Watersheds Project, Reno, Nevada ( John Persell , Western Watersheds Project, Hailey, Idaho with her on the briefs), for Petitioners-Appellants Western Watersheds Project.

Rebecca Jaffe , Attorney ( Todd Kim , Assistant Attorney General with her on the brief, U.S. Department of Justice, Washington, D.C.; Heather Hinton , Attorney, U.S. Department of Agriculture, Washington, D.C.; and Dana Jacobsen , Attorney, U.S. Department of the Interior with her on the brief) for Federal Respondents-Appellees.

Joseph A. Bingham , Mountain States Legal Foundation, Lakewood, Colorado, argued for Intervenor Respondents-Appellees Upper Green River Cattle Association, Sommers Ranch, LLC, Price Cattle Ranch, Murdoch Land and Livestock Co., and Wyoming Stock Growers Association.

Jay A. Jerde , Special Assistant Attorney General, Wyoming Attorney General's Office, Cheyenne, Wyoming filed a brief for Intervenor Respondent-Appellee.

Before MATHESON, BRISCOE, and MORITZ, Circuit Judges.

GLOSSARY

This opinion uses the following acronyms:

APA Administrative Procedure Act BiOp Biological Opinion BTNF Bridger-Teton National Forest CBD Petitioners-Appellants Center for Biological Diversity and Sierra Club CM...

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