ROCKY MOUNTAIN WILD; SAN LUIS VALLEY ECOSYSTEM COUNCIL; SAN JUAN CITIZENS ALLIANCE; WILDERNESS WORKSHOP, Petitioners-Appellees,
v.
DAN DALLAS, in his official capacity as Forest Supervisor; BRIAN FEREBEE, in his official capacity as Regional Forester; ANNE TIMBERMAN, in her official capacity as Western Colorado Supervisor, UNITED STATES FOREST SERVICE, a Federal Agency within the U.S. Department of Agriculture; U.S. FISH AND WILDLIFE SERVICE, a federal agency within the Department of the Interior. Respondents-Appellants, and
TAMARA WHITTINGTON, in her official capacity as Deputy Regional Forester, et al., Respondents.
LEAVELL-MCCOMBS JOINT VENTURE, Intervenor Respondent.
ROCKY MOUNTAIN WILD; SAN LUIS VALLEY ECOSYSTEM COUNCIL; SAN JUAN CITIZENS ALLIANCE; WILDERNESS WORKSHOP, Petitioners-Appellees,
v.
DAN DALLAS, in his official capacity as Forest Supervisor; TAMARA WHITTINGTON, in her official capacity as Deputy Regional Forester; BRIAN FEREBEE, in his official capacity as Regional Forester; UNITED STATES FOREST SERVICE, a Federal Agency within the U.S. Department of Agriculture; ANNE TIMBERMAN, in her official capacity as Western Colorado Supervisor; U.S. FISH AND WILDLIFE SERVICE, a federal agency within the Department of the Interior, Respondents.
LEAVELL-MCCOMBS JOINT VENTURE, Intervenor Respondent-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 19, 2024.
April 19, 2024.
Attorney(s) appearing for the Case
Katelin Shugart-Schmidt , Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. ( Todd Kim , Assistant Attorney General, with her on the briefs), for Respondents-Appellants.
Aaron D. Van Oort , Faegre Drinker Biddle & Reath LLP, Minneapolis, Minnesota ( William Leone , Norton Rose Fulbright US LLP, Denver, Colorado, with him on the briefs), for Intervenor Respondent-Appellant.
Travis E. Stills , Energy & Conservation Law, Durango, Colorado ( Matthew Sandler , Rocky Mountain Wild, Denver, Colorado, and Matt Kenna , Public Interest Environmental Law, Durango, Colorado, with him on the brief), for Petitioners-Appellees.
Before and Circuit Judges.
McHUGH, Circuit Judge.
Intervenor Leavell-McCombs Joint Venture ("LMJV")1 owns a 300-acre parcel of land within the Rio Grande National Forest in Colorado, abutting the Wolf Creek Ski Area ("LMJV Parcel" or "Parcel"). LMJV obtained the Parcel through a land exchange with Appellant U.S. Forest Service ("USFS") in 1987...
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