UTAH v. U.S. DEPT. OF INTERIOR

No. 00-4018.

256 F.3d 967 (2001)

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 Black Bear; 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 Babbitt, Defendants.

United States Court of Appeals, Tenth Circuit.

July 10, 2001.


Attorney(s) appearing for the Case

Stephen Roth, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, Utah, for Defendants/Appellees.

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

Before SEYMOUR, McKAY and LUCERO, Circuit Judges.


SEYMOUR, Circuit Judge.

The State of Utah appeals from the district court's grant of summary judgment to defendants United States Department of the Interior (DOI), the Bureau of Indian Affairs (BIA), and several individuals, and defendant-intervenor Private Fuel Storage, L.L.C. (PFS). For the reasons stated below, we affirm.

I

In May 1997, PFS entered into a lease with the Skull Valley Band of Goshute Indians ("the Band") which would allow PFS to...

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