TOWN OF SUPERIOR v. U.S. FISH AND WILDLIFE SERVICE

Civil Action Nos. 11-cv-03294-PAB, 12-cv-00034-PAB, 12-cv-00388-PAB.

913 F.Supp.2d 1087 (2012)

The TOWN OF SUPERIOR, a Colorado municipality, City of Golden, Colorado, WildEarth Guardians, Rocky Mountain Wild, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, United States Department of the Interior, Ken Salazar, acting in his official capacity as Secretary of the Interior, Daniel M. Ashe, acting in official capacity as Director of the United States Fish and Wildlife Service, Steve Guertin, acting in his official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service, Steve Berendzen, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants, and The Board of County Commissioners of the County of Jefferson, Colorado, City of Arvada, Jefferson Parkway Public Highway Authority, Natural Resource Trustees of the State of Colorado, and the Board of Land Commissioners of the State of Colorado, Defendant-Intervenors.

United States District Court, D. Colorado.

December 21, 2012.


Attorney(s) appearing for the Case

Melanie Joy Granberg , Timothy R. Gablehouse , Gablehouse Granberg, LLC, Neil Levine , Neil Levine Law Offices, Denver, CO, for Plaintiffs.

John H. Martin, III , U.S. Department of Justice-Co-Environmental Enforcement, Stephen D. Taylor , U.S. Attorney's Office, Denver, CO, Ty Bair , U.S. Department of Justice, Washington, DC, for Defendants.

Eric Thomas Butler , Writer Mott , Golden, CO, Christopher K. Daly , Roberto Ramirez , Arvada City Attorney's Office, Arvada, CO, Howard Kenison , Patrick Compton , Lindquist & Vennum, PLLP, Daniel S. Miller , Jason Eric King , David Edgar Hamrick , Heather A. Warren , Colorado Attorney General's Office-Department of Law, Denver, CO, for Defendant-Intervenors.


ORDER

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on plaintiffs' challenges in three consolidated cases to the final action of the United States Fish and Wildlife Service ("FWS") approving a land exchange affecting the Rocky Flats National Wildlife Refuge in Colorado. Plaintiff Town of Superior filed its amended complaint on July 19, 2012 alleging violations of the Administrative Procedure Act ("APA"), the National Environmental...

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