NOTE: This disposition is nonprecedential.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