Southern Utah Wilderness Alliance v. Smith
Court of Appeals for the Tenth Circuit
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
On October 12, 1995, SUWA filed suit against the defendants, alleging, among other things, that the defendants violated section 7(a)(2) of the Endangered Species Act, 16 U.S.C. § 1536(a)(2), by not consulting the United States Fish and Wildlife Service (the “FWS”) regarding the impact the BLM’s Moquith Mt. WSA Management Guidance and Schedule might have on Welsh’s Milkweed, a threatened species. After hearing cross-motions for summary judgment, the district court found the defendants had not violated section 7(a)(2) and entered summary judgment denying…
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