Forest Guardians v. United States Fish & Wildlife Service
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HOLMES, Circuit Judge.
Forest Guardians1 appeals the denial of its petition for review of the U.S. Fish and Wildlife Service’s (“FWS”) decision to reintroduce a nonessential experimental population of endangered Northern Aplomado Falcons (“Falcons”) into southern New Mexico. Forest Guardians contends that the FWS violated section 10(j) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1539®, when it allegedly promulgated a final rule to release captive-bred Falcons within the current range of the species and in an area that is not wholly separate geographically from an existing Falcon…
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