10th Circ. Won't Rethink NM Forest Fire Ruling

By Juan Carlos Rodriguez (February 6, 2017, 5:32 PM EST) -- The Tenth Circuit on Friday declined a New Mexico county's request for an en banc hearing to reconsider a panel's decision that it can't attempt to reduce fire hazards in national forests without the approval of the U.S. Forest Service.

In December, a three-judge panel decided that the federal government's constitutional authority over federal land preempted a New Mexico statute and Otero County ordinance authorizing the county's board of commissioners to mitigate fire danger in the Lincoln National Forest without first obtaining permission from the Forest Service.

The federal government sued the state and county after the county board said the...

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