TOPAZ BERYLLIUM COMPANY, a Utah corporation; American Mining Congress, a Colorado nonprofit corporation; and Colorado Mining Association, a Colorado nonprofit corporation, Plaintiffs-Appellants,
v.
UNITED STATES of America, United States Department of the Interior, Cecil Andrus, Secretary of the Interior, Bureau of Land Management, and Frank Gregg, Director of the Bureau of Land Management, Defendants-Appellees, and
Northwest Mining Association, Alaska Mining Association, Utah Mining Association, Idaho Mining Association, and New Mexico Mining Association, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 14, 1980.
Decided May 21, 1981.
Attorney(s) appearing for the Case
Alan L. Sullivan of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah (Richard K. Sager of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah and Howard L. Edwards of The Anaconda Company, Denver, Colo., with him, on briefs), for plaintiff-appellant Topaz Beryllium Company.
David P. Kimball, III of Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz. (Jerry L. Haggard of Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., John Preston Creer of Senior & Senior, P.C., Salt Lake City, Utah, Don H. Sherwood, William R. Marsh and James M. King of Sherman & Howard (formerly Dawson, Nagel, Sherman & Howard), Denver, Colo., Robert G. Pruitt, Jr., Oliver W. Gushee, Jr., and Thomas A. Nelson, of Pruitt & Gushee, Salt Lake City, Utah, with him, on briefs), for plaintiffs-appellants Colorado Mining Association and American Mining Congress.
Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Jacques B. Gelin, Gerald S. Fish, and Michael A. McCord, Attys., Dept. of Justice; and Ronald L. Rencher, U. S. Atty., Salt Lake City, Utah, Kenneth G. Lee, of counsel, Washington, D. C., Dept. of the Interior, on brief), for defendants-appellees.
Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
Appellants seek a declaration that the provisions of 43 C.F.R. §§ 3833.3, 3833.4(a) (and certain regulations allegedly related thereto), and 3833.5(d) are "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right" and thus unlawful under 5 U.S.C. § 706(2)(C). Appellants also seek injunctive relief. This appeal follows the district court's grant of the Secretary of Interior's cross-motion for summary...
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