STATE EX REL., SULLIVAN v. LUJAN

No. 91-8019.

969 F.2d 877 (1992)

The STATE of Wyoming, ex rel., Mike SULLIVAN as Governor and Joseph B. Meyer as Attorney General, Plaintiffs-Appellants, v. Manuel LUJAN, in his official capacity as Secretary of the United States Department of the Interior; and the United States Department of the Interior; Laurance S. Rockefeller, an individual; The Sloan-Kettering Institute for Cancer Research, a non-profit New York corporation; and Reserve Coal Properties Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 7, 1992.


Attorney(s) appearing for the Case

Vicci M. Colgan, Sr. Asst. Atty. Gen. (Joseph B. Meyer, Atty. Gen., with her on the brief), Cheyenne, Wyo., for plaintiffs-appellants.

Ellen J. Durkee, Attorney, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., Washington, D.C., Richard A. Stacy, U.S. Atty., Carol A. Statkus and Maynard Grant, Asst. U.S. Attys., Cheyenne, Wyo., Fred R. Wagner and Martin W. Matzen, Attorneys, Environment & Natural Resources Div., U.S. Dept. of Justice, Mark D. Etchart, Office of the Solicitor, Dept. of the Interior, Washington, D.C., Lyle K. Rising, Office of the Regional Solicitor, Dept. of the Interior, Denver, Colo., with her on the brief), for defendants-appellees Manuel Lujan, in his official capacity as Secretary of the U.S. Dept. of the Interior, and the U.S. Dept. of the Interior.

Richard M. Davis, Jr. (Kate M. Fox, with him on the brief), of Burgess, Davis, Carmichael & Cannon, Sheridan, Wyo., for defendant-appellee Reserve Coal Properties Co.

Gaines Gwathmey, III, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Steven B. Rosenfeld and Daniel G. Cort, of Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Marcelle Shoop and Jack D. Palma, II, of Holland & Hart, Cheyenne, Wyo., with him on the brief), for defendant-appellee The Sloan-Kettering Institute for Cancer Research.

Henry L. Diamond and Christopher W. Mahoney, of Beveridge & Diamond, Washington, D.C., and Carl L. Lathrop and J. Kent Rutledge, of Lathrop & Rutledge, Cheyenne, Wyo., filed a brief, for defendant-appellee Laurance S. Rockefeller.

SEYMOUR, SETH and ALDISERT, Circuit Judges.


ALDISERT, Circuit Judge.

The State of Wyoming appeals the district court's determination that it lacked standing to challenge the Secretary of the Interior's completed exchange of federally owned coal in the Ash Creek and Youngs Creek federal coal tracts in Sheridan County, Wyoming, for the JY Ranch conservation easement in the Grand Teton National Park.

This court is no stranger to litigation involving the Ash Creek tract. In Ash Creek Mining Co. v. Lujan...

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