United States Tenth Circuit

In a challenge to a Bureau of Land Management (BLM) order opening certain land in New Mexico to mining, judgment for Defendants is reversed in part, where the BLM failed to conduct sufficient environmental analysis, and vacated in part, where the reintroduction of the endangered species allegedly threatened by the order rendered certain claims moot.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• LUCERO, Circuit Judge., Before LUCERO, ANDERSON, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Ronald Walter Opsahl (William Perry Pendley with him on the briefs), Mountain States Legal Foundation, Lakewood, CO, for the Intervenor-Defendant-Appellant-Cross-Appellee., Alletta Belin, Belin & Sugarman, Santa Fe, New Mexico (Stephen F. Farris and Judith Ann Moore, Office of the Attorney General, State of New Mexico with them on the briefs) and James Angell (Andrea L. Zaccardi with him on the briefs), Earthjustice, Denver, CO, for Plaintiffs-Appellees-Cross-Appellants State of New Mexico, et al., Elizabeth Peterson (Arthur Arguedas, Office of the Solicitor, U.S. Department of the Interior and Ronald J. Tenpas, Assistant Attorney General, Andrew A. Smith, Aaron P. Avila, and Andrew C. Mergen with her on the briefs), U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendants-Cross-Appellees Bureau of Land Management, et al.