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COLORADO WILD v. VILSACK

Civil Action No. 09-cv-01272-JLK.

713 F.Supp.2d 1235 (2010)

COLORADO WILD, a Colorado non-profit corporation, and WildEarth Guardians, a New Mexico non-profit corporation, Petitioners, v. Tom VILSACK, in his official capacity as the Secretary of Agriculture, Thomas Tidwell, in his official capacity as the Chief Forester of the U.S. Forest Service, Thomas Malecek, in his official capacity as District Ranger for the Rio Grande National Forest, and United States Forest Service, an agency of the U.S. Department of Agriculture, Respondents.

United States District Court, D. Colorado.

March 25, 2010.

Attorney(s) appearing for the Case

Michael Ray Harris, Kevin J. Lynch, University of Denver-Sturm College of Law, Denver, CO, for Petitioners.

Peter Christopher Whitfield, U.S. Department of Justice, Washington, DC, for Respondents.

MEMORANDUM OPINION AND ORDER

K ANE, District Judge.

Located in south-central Colorado, Handkerchief Mesa comprises nearly 92,000 acres in the Rio Grande National Forest and contains three of the Rio Grande's primary watersheds: Pass Creek, Park Creek, and Beaver Creek, as well as part of the South Fork of the Rio Grande River. From the late-nineteenth through the mid-twentieth century the area was managed to maximize the extractive value of resources, and...

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