New Mexico Cattle Growers' Association v. United States Forest Service

── New Mexico Cattle Growers' Association v. United States Forest Service ── Court: Court of Appeals for the Tenth Circuit Date: June 03, 2026 Category: General Appellate Case: 25-2034 Document: 81-1 Date Filed: 06/03/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT June 3, 2026 _________________________________ Christopher M. Wolpert Clerk of Court NEW MEXICO CATTLE GROWERS’ ASSOCIATION; SPUR LAKE CATTLE COMPANY; NELSON SHIRLEY; ALLEN CAMPBELL; HUMANE FARMING ASSOCIATION, Petitioners - Appellants, v. No. 25-2034 (D.C. No. 1:23-CV-00150-JB- UNITED STATES FOREST SERVICE; GBW) ANIMAL AND PLANT HEALTH INSPECTION (D.N.M.) SERVICE; CAMILLE HOWES, in her official capacity as Supervisor of the Gila National Forest; TOM VILSACK, in his official capacity as Secretary of the United States Department of Agriculture; RANDY MOORE, in his official capacity as Chief of the U.S. Forest Service; MICHIKO MARTIN, in her official capacity as Southwestern Regional Forester; HENRY PROVENCIO, in his official capacity as District Ranger for the Wilderness Ranger District, Gila National Forest; JANET BUCKNALL, in her official capacity as Deputy Administrator of the Animal and Plant Health Inspection Service; KEITH WEHNER, in his official capacity as Western Regional Director, Animal and Plant Health Inspection Service, Respondents - Appellees, and CENTER FOR BIOLOGICAL DIVERSITY, Intervenor Respondent - Appellee. _________________________________  Appellate Case: 25-2034 Document: 81-1 Date Filed: 06/03/2026 Page: 2 _________________________________ ORDER AND JUDGMENT * _________________________________ Before TYMKOVICH, BACHARACH, and FEDERICO, Circuit Judges. _________________________________ This case concerns the U.S. Forest Service’s decades-long efforts to remove feral cattle from the Gila National Forest in New Mexico. After years of largely unsuccessful nonlethal removal operations, the Forest Service in 2023 released a decision memorandum authorizing the lethal removal of the Gila cattle by aerial- based shooting. The New Mexico Cattle Growers’ Association, along with other plaintiffs (collectively, “the Cattle Growers”), challenged the Forest Service’s decision memo under the APA and the National Environmental Policy Act (NEPA) seeking declaratory and injunctive relief. The district court denied the Cattle Growers’ request for a temporary restraining order, allowing the Forest Service’s aerial shooting operations to proceed. The Forest Service completed its removal operations in December 2023, and the district court subsequently dismissed all the Cattle Growers’ claims. * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 2  Appellate Case: 25-2034 Document: 81-1 Date Filed: