Federal panel issues ruling in NM falcon case

A panel of judges has dealt a blow to environmentalists who questioned the legality of a decision by the U.S. Fish and Wildlife Service that cleared the way for the reintroduction of the rare northern aplomado falcon in southern New Mexico. Environmentalists had alleged the designation of the falcon as a nonessential, experimental population in New Mexico and Arizona violated federal policy and stripped the bird of needed protections under the Endangered Species Act. U.S. District Judge William Johnson dismissed their arguments in a 2008 ruling. The three-judge panel for the 10th Circuit Court of Appeals upheld that ruling in an opinion issued Wednesday. Despite the legal battle, efforts to reintroduce the falcon have continued. The Peregrine Fund says releases are in full swing at three sites in New Mexico and more are planned. AP

GUARDIANS v. U.S. FISH AND WILDLIFE SERVICE

FOREST GUARDIANS, Plaintiff-Appellant,
v.
UNITED STATES FISH AND WILDLIFE SERVICE, Defendant-Appellee, and
THE PEREGRINE FUND, Defendant-Intervenor-Appellee.
ENVIRONMENTAL DEFENSE FUND, NEW MEXICO CATTLE GROWERS' ASSOCIATION, Amicus Curiae.

No. 08-2226.

United States Court of Appeals, Tenth Circuit.

July 7, 2010.

Read the case here.