       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

           DANIEL GABINO MARTINEZ,
                Plaintiff-Appellant

                           v.

                  UNITED STATES,
                  Defendant-Appellee
                ______________________

                      2016-2168
                ______________________

    Appeal from the United States Court of Federal
Claims in No. 1:11-cv-00751-EDK, Judge Elaine Kaplan.
                 ______________________

                     JUDGMENT
                ______________________

    A. BLAIR DUNN, Western Agriculture, Resource and
Business Advocates, LLP, Albuquerque, NM, argued for
plaintiff-appellant. Also represented by DORI ELLEN
RICHARDS.

    ELIZABETH ANN PETERSON, Environment and Natural
Resources Division, United States Department of Justice,
Washington, DC, argued for defendant-appellee. Also
represented by JOHN C. CRUDEN.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (PROST, Chief Judge, MOORE and CHEN,
Circuit Judges).
           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


 February 15, 2017              /s/ Peter R. Marksteiner
      Date                      Peter R. Marksteiner
                                Clerk of Court
