United States Tenth Circuit

Under the Endangered Species Act, 16 USC 1531-1544, agency consideration of conservation action is not final under the Administrative Procedures Act, so inaction is therefore not ripe for review.

Appellate Information

• Decided 08/07/2001
• Published 08/07/2001

Judges

• EBEL, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• S. Amanda Koehler, (William Perry Pendley, with her on the briefs), of Mountain States Legal Foundation, Denver, CO, for Plaintiff-Appellant., James B. Dougherty, Washington, DC, filed a brief, for Amicus Curiae.


• For Appellees:
  
• Sylvia F. Liu, Attorney, U.S. Department of Justice, (David D. Freudenthal, United States Attorney, Carol A. Stakus, Assistant U.S. Attorney, Cheyenne, WY;  Kenneth Capps, Of Counsel, U.S. Department of Agriculture, Denver, CO;  Lois J. Schiffer, Assistant Attorney General, Andrew C. Mergen, Edward A. Boling, and Jane P. Davenport, Attorneys, U.S. Department of Justice, and Kathryn Toffenetti, Of Counsel, Office of General Counsel, U.S. Department of Agriculture, Washington, DC, with her on the brief), for Defendants-Appellees., Carolyn L. McIntosh, (Michael R. Hope on the brief), of Patton Boggs, LLP, Denver, CO, for Defendants-Intervenors-Appellees.