TULARE COUNTY, et al., Appellants,
v.
George W. BUSH, in his official capacity as President of the United States of America, et al., Appellees.
Natural Resources Defense Council, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 5, 2002.
Decided October 18, 2002.
Attorney(s) appearing for the Case
Gary G. Stevens argued the cause and filed the briefs for appellants.
Susan Pacholski, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Ellen J. Durkee, Michael Gheleta and Ann Navaro, Attorneys, U.S. Department of Justice.
Andrew E. Wetzler argued the cause for intervenors Natural Resources Defense Council, et al. With him on the brief were Nathaniel S.W. Lawrence, Michael R. Sherwood, Anne Harper and James S. Pew.
Raissa S. Lerner, Deputy Attorney General, Attorney General's Office of the State of California, argued the cause for intervenor People of the State of California. With her on the brief were Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General and Theodora Berger, Senior Assistant Attorney General.
Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
This is the second case we decide today involving a challenge to Presidential authority under the Antiquities Act of 1906 ("Act"), 16 U.S.C. § 431 (2000). In Mountain States v. Bush,306 F.3d 1132 (D.C.Cir.2002), the court, upon de novo review, affirmed the dismissal of the complaint, holding that the complaint, which challenged...
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