United States Tenth Circuit

In an action to halt a proposed development project, district court abused its discretion in denying a preliminary injunction based on plaintiffs' failure to establish harm to an endangered species as a whole, and a plaintiff who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative.

Appellate Information

• Decided 02/20/2003
• Published 02/20/2003

Judges

• LUCERO, Circuit Judge., Before SEYMOUR, HENRY and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Timothy J. Preso (Douglas L. Honnold on the briefs), Bozeman, MT, for Plaintiffs-Appellants.


• For Appellees:
  
• Aaron P. Avila (Gary M. Henningsen and Stanley E. Tracey, U.S. Army Corps of Engineers, Omaha, NE;  Matthew H. Mead, United States Attorney;  Thomas L. Sansonetti, Assistant Attorney General;  Carol A. Statkus, Assistant United States Attorney;  Jon Lipshultz and Ellen Durkee, Attorneys, United States Department of Justice, Environmental & Natural Resources Division with him on the brief), United States Department of Justice, Environmental & Natural Resources Division, Washington, DC, for Defendants-Appellees., Richard W. Walden (Franklin J. Falen and Marc R. Stimpert with him on the brief), Budd-Falen Law Offices, P.C., Cheyenne, WY, for the Defendant-Appellee Canyon Club, Inc.