UTAH v. U.S. DEPT. OF THE INTERIOR

No. 99-4104.

210 F.3d 1193 (2000)

State of UTAH, Plaintiff-Appellant, and Herman Bahe; Marvin R. Wash; Lester Wash; Denise Wash; Stephanie E. Vigil; Diane Eagle Tom; Linda Clover Rivera; Marlinda Moon; Edgar Moon; Delford Moon; Adrian Moon; Lena Knight; Eldon Knight; Edith Knight; Leslie Dawn Eagle; Kenneth W. Eagle; Edwin Clover; Vern Bear; Tyrone Bullcreek; Margene Bullcreek; Lisa Bullcreek; David Bullcreek; Abby Bullcreek; Colleen Blackbear; Sammy Blackbear, Sr.; United States of America, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Bureau of Indian Affairs; Phoenix Area Director, Bureau of Indian Affairs; Superintendent of Uintah and Ouray Agency, Bureau of Indian Affairs, Defendants-Appellees, Private Fuel Storage, Defendant-Intervenor-Appellee, and David L. Allison; Wayne Nordwall; Bruce Babbit, Defendants.

United States Court of Appeals, Tenth Circuit.

April 25, 2000.


Attorney(s) appearing for the Case

Philip C. Pugsley, Assistant Attorney General, State of Utah, (Jan Graham, Attorney General, State of Utah, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Robert H. Oakley, Environmental & Natural Resources Division, Department of Justice, (Lois Schiffer, Assistant Attorney General, John A. Bryson, Environmental & Natural Resources Division, Department of Justice, with him on the brief), Washington, D.C., for Defendants-Appellees.

Margaret A. Swimmer of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., (Val R. Antczak and J. Michael Bailey of Parsons Behle & Latimer, Salt Lake City, Utah, with her on the brief), Tulsa, Oklahoma, for Defendant-Intervenor-Appellee.

Before TACHA, BALDOCK, and BRORBY, Circuit Judges.


BALDOCK, Circuit Judge.

The State of Utah filed an action in federal district court seeking to intervene in a lease approval process between an Indian tribe and a private party. The district court concluded the State lacked standing and granted Defendant's motion for summary judgment. The State appeals. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo and conclude the action is not yet ripe for...

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