UTAH ASS'N OF COUNTIES v. BUSH

No. 04-4132.

455 F.3d 1094 (2006)

UTAH ASSOCIATION OF COUNTIES, on behalf of its members, Plaintiff, Mountain States Legal Foundation, on behalf of its members, Plaintiff-Appellant, v. George W. BUSH, in his official capacity as President of the United States, United States of America, James L. Connaughton, in his official capacity as Chair of the Council on Environmental Quality, Gale Norton, in her official capacity as Secretary of the Interior, and Kathleen Clarke, Director of the Bureau of Land Management, Defendants-Appellees, Southern Utah Wilderness Alliance, The Wilderness Society, Grand Canyon Trust, Escalante Canyon Outfitters, Escalante's Grand Staircase B & B Inn, and Boulder Mountain Lodge, Defendants-Intervenors-Appellees, State of Utah, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 24, 2006.


Attorney(s) appearing for the Case

Jayme Ritchie (William Perry Pendley and S. Amanda Koehler, with her on the briefs), Mountain States Legal Foundation, Lakewood, CO, for Plaintiff-Appellant.

Todd S. Kim, United States Department of Justice, Washington, D.C. (Thomas L. Sansonetti, Assistant Attorney General, Paul M. Warner, United States Attorney and Carlie Christensen, Assistant United States Attorney, District of Utah, Michael A. Gheleta and Ellen Durkee, Attorneys, United States Department of Justice, Washington, D.C., with him on the brief), for Defendants-Appellees.

Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT (Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT, Richard A. Duncan, Craig S. Coleman and Sarah I. Wheelock, Faegre & Benson, Minneapolis, MN, with him on the brief), for Defendants-Intervenors-Appellees.

J. Mark Ward, Assistant Attorney General and Mark L. Shurtleff, Utah Attorney General, filed a brief for amicus curiae State of Utah on behalf of appellant.

Before KELLY, SEYMOUR, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

In this case, Mountain States Legal Foundation ("MSLF") challenges the legality of the 1996 creation of the Grand Staircase-Escalante National Monument in southern Utah. Because we conclude that MSLF lacked standing to bring this claim, we dismiss the appeal.

I. BACKGROUND

A. The Monument

On September 18, 1996, in the midst of his 1996 re-election campaign, President Clinton issued a Presidential Proclamation...

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