New Mexico State Game Comm'n v. Udall

ELR Citation: ELR 20450
No(s). 58-68 (10th Cir. May 15, 1969)

The Secretary of the Interior may order the killing of deer in a national park without securing permits from the state game commissioner. The Secretary has the authority to use "reasonable methods" to protect national park property, and there need not be evidence of actual damage to the park before preventive action is taken. The decision of the lower court is reversed.

Counsel for Appellees

George T. Harris Jr. Special Assistant Attorney General
National Building
505 Marquette Ave. NW
Albuquerque, NM 87101

Counsel for Appellant
Jacques B. Gelin
Land and Natural Resource Division
U.S. Department of Justice
Washington, DC 20530

Counsel for Amicus Curiae
Joseph Clifford Assistant Attorney General
Arizona State Office Building
1632 W. Adams
Phoenix, AZ 85007

Ford Scalley
Romney & Nelson
Suite 404 Kearns Building
136 S. Main Street
Salt Lake City, UT 84101

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