UNITED STATES COURT OF APPEALS July 19, 2022

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

ROCKY MOUNTAIN PEACE & JUSTICE CENTER; CANDELAS GLOWS/ROCKY FLATS GLOWS; ROCKY FLATS RIGHT TO KNOW; ROCKY FLATS NEIGHBORHOOD ASSOCIATION; ENVIRONMENTAL NETWORK (EIN) INC.,

Plaintiffs - Appellants,

v. No. 21-1310

UNITED STATES FISH AND WILDLIFE SERVICE; MARTHA WILLIAMS, in her official capacity as Principal Deputy Director, United States Fish and Wildlife Service; DEBRA HAALAND, in her official capacity as Secretary of the Interior; DAVID LUCAS, in his official capacity as Project Leader, Region 6, U.S. Fish and Wildlife Service; UNITED STATES FEDERAL HIGHWAY ADMINISTRATION; STEPHANIE POLLACK, in her official capacity as Acting Administrator of the United States Federal Highway Administration; PETER BUTTIGIEG, in his official capacity as Secretary of Transportation,

Defendants - Appellees. _________________________________

Appeal from the United States District Court for the District of Colorado (D.C. No. 1:18-CV-01017-PAB) _________________________________ Appellate Case: 21-1310 Document: 010110713092 Date Filed: 07/19/2022 Page: 2

Randall M. Weiner, Weiner & Cording (Annmarie Cording, Weiner & Cording; Andrew G. Ogden, with him on the briefs) Boulder, Colorado, for Plaintiffs-Appellants.

Michelle Melton (Todd S. Kim, Assistant Attorney General; Andrew Mergen, Ellen Durkee, Jessica Held, Lesley Lawrence-Hammer, Attorneys; Kate Williams-Shuck, Attorney-Advisor, with her on the briefs) U. S. Department of Justice, Washington, D.C., for Defendants-Appellees. _________________________________

Before MATHESON, KELLY, and McHUGH, Circuit Judges. _________________________________

MATHESON, Circuit Judge. _________________________________

This appeal concerns the United States Fish and Wildlife Service’s (the

“Service”) decision to modify certain trail paths in the Rocky Flats National Wildlife

Refuge (the “Refuge”).

Appellants1 are organizations that challenge the Service’s 2018 decision to

modify trails in the Refuge that have been designated for public use. Led by the

Rocky Mountain Peace and Justice Center (the “Center”),2 they sued the Service and

others,3 claiming they failed to comply with various federal statutes and regulations,

including the National Environmental Policy Act of 1969 (“NEPA”) and the

1 Rocky Mountain Peace and Justice Center, Candelas Glows/Rocky Flats Glows, Rocky Flats Right to Know, Rocky Flats Neighborhood Association, and Environmental Information Network (EIN) Inc. 2 We refer to Appellants collectively as “the Center.” 3 The suit named the United States Federal Highway Administration and several officials in their official capacities. We refer to Appellees collectively as “the Service.”

2 Appellate Case: 21-1310 Document: 010110713092 Date Filed: 07/19/2022 Page: 3

Endangered Species Act of 1973 (“ESA”). The Center also moved for a preliminary

injunction and for the district court to supplement the administrative record and

consider evidence from outside the record. The district court denied the Center’s

NEPA claims, dismissed its ESA claim for lack of standing, and denied its motions.

Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

W