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MOUNTAIN STATES LEGAL FOUNDATION v. BUSH

No. 01-5421.

306 F.3d 1132 (2002)

MOUNTAIN STATES LEGAL FOUNDATION and the Blue Ribbon Coalition, Inc., Appellants, v. George W. BUSH, in his official capacity as President of the United States of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 2002.

Attorney(s) appearing for the Case

S. Amanda Koehler argued the cause for appellants. With her on the briefs was William Perry Pendley.

Susan Pacholski, Attorney, U.S. Department of Justice, argued the cause for appellee George W. Bush. With her on the brief were Ellen Durkee, Michael Gheleta and Ann D. Navaro, Attorneys.

James S. Angell argued the cause for appellees Wilderness Society, et al. With him on the brief was Johanna Wald.

Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Mountain States Legal Foundation and the Blue Ribbon Coalition (hereafter "Mountain States") appeal the dismissal of their complaint challenging six Presidential Proclamations as unconstitutional and ultra vires actions for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted pursuant to Federal Rules of Civil Procedure 12(b)...

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