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Valdez v. Applegate

ELR Citation: 10 ELR 20273
Nos. No. 79-1636, 616 F.2d 570/(10th Cir., 03/05/1980)

The Tenth Circuit Court of Appeals reverses a district court order denying a motion for a preliminary injunction to stay implementation of a program for the reduction of grazing allotments on the public land. The court of appeals first determines that the case has not been rendered moot by intervening legislation and then concludes that plaintiffs have shown they will suffer irreparable harm if the reductions are allowed to become immediately effective, noting that some permittees may be driven out of business. The court also finds that plaintiffs have made a sufficient demonstration of likelihood of success on the merits of their claims, which include, inter alia, an attack on the adequacy of the environmental impact statement for the reduction program. The case is thus remanded to the district court for the entry of an order enjoining implementation of the grazing management program so as to maintain the status quo pending a prompt ruling on the merits.

Counsel for Plaintiffs-Appellants
Douglas Foster
Hinkle, Cox, Eaton, Coffield & Hensley
6th Floor, Hinkle Bldg., Roswell NM 88201
(505) 622-6510

James G. Watt, Gale A. Norton
Mountain States Legal Foundation
1845 Sherman St., Suite 675, Denver CO 90203
(303) 861-0244

Counsel for Defendants-Appellees
Martin Green; James W. Moorman, Ass't Attorney General; Raymond N. Zagone, Dirk D. Snel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 933-2827

Joined by Holloway and Doyle, JJ.