UNITED STATES COURT OF APPEALS April 19, 2024

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________

ROCKY MOUNTAIN WILD; SAN LUIS VALLEY ECOSYSTEM COUNCIL; SAN JUAN CITIZENS ALLIANCE; WILDERNESS WORKSHOP,

Petitioners - Appellees,

v. No. 22-1438

DAN DALLAS, in his official capacity as Forest Supervisor; BRIAN FEREBEE, in his official capacity as Regional Forester; ANNE TIMBERMAN, in her official capacity as Western Colorado Supervisor, UNITED STATES FOREST SERVICE, a Federal Agency within the U.S. Department of Agriculture; U.S. FISH AND WILDLIFE SERVICE, a federal agency within the Department of the Interior.

Respondents - Appellants,

and

TAMARA WHITTINGTON, in her official capacity as Deputy Regional Forester, et al.,

Respondents.

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LEAVELL- MCCOMBS JOINT VENTURE, Appellate Case: 22-1438 Document: 010111034959 Date Filed: 04/19/2024 Page: 2

Intervenor Respondent. _________________________________

ROCKY MOUNTAIN WILD; SAN LUIS VALLEY ECOSYSTEM COUNCIL; SAN JUAN CITIZENS ALLIANCE; WILDERNESS WORKSHOP,

Petitioners - Appellees,

v. No. 22-1439

DAN DALLAS, in his official capacity as Forest Supervisor; TAMARA WHITTINGTON, in her official capacity as Deputy Regional Forester; BRIAN FEREBEE, in his official capacity as Regional Forester; UNITED STATES FOREST SERVICE, a Federal Agency within the U.S. Department of Agriculture; ANNE TIMBERMAN, in her official capacity as Western Colorado Supervisor; U.S. FISH AND WILDLIFE SERVICE, a federal agency within the Department of the Interior,

Respondents.

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LEAVELL-MCCOMBS JOINT VENTURE,

Intervenor Respondent - Appellant. _________________________________

Appeals from the United States District Court for the District of Colorado (D.C. No. 1:19-CV-01512-CMA) _________________________________

2 Appellate Case: 22-1438 Document: 010111034959 Date Filed: 04/19/2024 Page: 3

Katelin Shugart-Schmidt, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C. (Todd Kim, Assistant Attorney General, with her on the briefs), for Respondents – Appellants.

Aaron D. Van Oort, Faegre Drinker Biddle & Reath LLP, Minneapolis, Minnesota (William Leone, Norton Rose Fulbright US LLP, Denver, Colorado, with him on the briefs), for Intervenor Respondent – Appellant.

Travis E. Stills, Energy & Conservation Law, Durango, Colorado (Matthew Sandler, Rocky Mountain Wild, Denver, Colorado, and Matt Kenna, Public Interest Environmental Law, Durango, Colorado, with him on the brief), for Petitioners – Appellees. _________________________________

Before McHUGH, EID, and ROSSMAN, Circuit Judges. _________________________________

McHUGH, Circuit Judge. _________________________________

Intervenor Leavell-McCombs Joint Venture (“LMJV”)1 owns a 300-acre parcel of

land within the Rio Grande National Forest in Colorado, abutting the Wolf Creek Ski

Area (“LMJV Parcel” or “Parcel”). LMJV obtained the Parcel through a land exchange

with Appellant U.S. Forest Service (“USFS”) in 1987. The LMJV Parcel was

encumbered with an easement, placing some restrictions on development (“Scenic

Easement”). Development of the LMJV Parcel int