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

Law360, New York (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...
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Case Title

United States v. Board of County Commissioners, et al


Case Number

15-2210

Court

Appellate - 10th Circuit

Nature of Suit

1950 Constitutionality of State Statutes

Date Filed

November 24, 2015

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