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UTAH ASS'N OF COUNTIES v. CLINTON

No. 00-4143.

255 F.3d 1246 (2001)

UTAH ASSOCIATION OF COUNTIES, on behalf of its members; Mountain States Legal Foundation, Plaintiffs-Appellees, v. William Jefferson CLINTON, in his official capacity as President of the United States; United States of America; Kathleen A McGinty, in her official capacity as Chair of the Council on Environmental Quality; The Council on Environmental Quality; Bruce Babbitt, in his official capacity as Secretary of the Interior; Department of Interior; Bureau of Land Management; Sylvia Baca, in her official capacity as Interim Director of the Bureau of Land Management, Defendants, Southern Utah Wilderness Alliance; The Wilderness Society; The Grand Canyon Trust; Escalante Canyon Outfitters, Inc.; Boulder Mountain Lodge; Escalante'S Grand Staircase B & B Inn, Inc., Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 10, 2001.

Attorney(s) appearing for the Case

Brian B. O'Neill of Faegre & Benson LLP, Minneapolis, Minnesota (Richard A. Duncan and William L. Underwood of Faegre & Benson LLP, Minneapolis, Minnesota; Heidi J. McIntosh and Stephen H.M. Bloch of Southern Utah Wilderness Alliance, Salt Lake City, Utah, with him on the briefs), for Movants-Appellants.

Susan Amanda Koehler of Mountain States Legal Foundation, and Denver, Colorado; and Michael B. Marinovich of C.E. Brooks & Associates, P.C., Denver, Colorado (William Perry Pendley and David Andrew Wight of Mountain States Legal Foundation, Denver, Colorado; and Constance E. Brooks of C.E. Brooks & Associates, P.C., with them on the brief), for Plaintiffs-Appellees.

Before SEYMOUR, McKAY and BRORBY, Circuit Judges.

SEYMOUR, Circuit Judge.

The Southern Utah Wilderness Alliance, The Wilderness Society, The Grand Canyon Trust, Escalante Canyon Outfitters, Inc., Escalante's Grand Staircase B & B/Inn, and Boulder Mountain Lodge sought leave to intervene in this action by the Utah Association of Counties to enjoin and have declared illegal the Presidential Proclamation establishing the Grand Staircase Escalante National Monument. The district court denied the motion to intervene...

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