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FILE - In this April 22, 2015 file photo, a male sage grouse struts in the early morning hours outside Baggs, Wyo. Idaho Gov. C.L. "Butch" Otter is appealing the dismissal of his sage grouse lawsuit against the federal government. Otter sued in September 2015 after federal officials opted not to list sage grouse under the Endangered Species Act but announced federal land-use restrictions. (Dan Cepeda/The Casper Star-Tribune via AP, File)

FILE - In this April 22, 2015 file photo, a male sage grouse struts in the early morning hours outside Baggs, Wyo. Idaho Gov. C.L. "Butch" Otter is appealing the dismissal of his sage grouse lawsuit against the federal government. Otter sued in September 2015 after federal officials opted not to list sage grouse under the Endangered Species Act but announced federal land-use restrictions. (Dan Cepeda/The Casper Star-Tribune via AP, File)

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