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HIGH COUNTRY CITIZENS ALLIANCE v. CLARKE

No. 05-1085.

454 F.3d 1177 (2006)

HIGH COUNTRY CITIZENS ALLIANCE; Town of Crested Butte, Colorado; Board of County Commissioners of the County of Gunnison, Colorado, Plaintiffs-Appellants, v. Kathleen CLARKE, in her official capacity as Director of the U.S. Bureau of Land Management; Ron Wenker, in his official capacity as Colorado BLM Director; United States Bureau of Land Management; Gale Norton, in her official capacity as Secretary of the Interior; United States Department of the Interior; Phelps Dodge Corporation; Mt. Emmons Mining Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 2006.

Attorney(s) appearing for the Case

Roger Flynn (and Jeffrey C. Parsons, Western Mining Action Project, Lyons, Colorado, for Plaintiffs-Appellants High Country Citizens' Alliance and the Town of Crested Butte, Laura Magner, Crested Butte, Colorado, for Plaintiff-Appellant Town of Crested Butte, and David Baumgarten and Thomas A. Dill, County Attorney's Office, Gunnison, Colorado, for Plaintiff-Appellant Board of County Commissioners of the County of Gunnison, on the briefs).

Aaron P. Avila (and Todd S. Aagaard, U.S. Department of Justice, Environment and Natural Resources Div., Kelly A Johnson, Acting Assistant Attorney General, William J. Leone, United States Attorney, Roxane J. Perruso, Assistant United States Attorney, and Karen Hawbecker and Kendra Nitta, Office of the Solicitor, Division of Mineral Resources, Department of the Interior, on the brief), Washington, D.C., for the Federal Defendants-Appellees.

David S. Steefel (and Frank Erisman, on the brief), Holme, Roberts & Owen, L.L.P., Denver, Colorado, for Defendants-Appellees Phelps Dodge Corporation and Mount Emmons Mining Company.

Before KELLY, BRISCOE, Circuit Judges and JOHNSON, District Judge.

KELLY, Circuit Judge.

High Country Citizens' Alliance, Town of Crested Butte, Colorado and the Board of Commissioners of the County of Gunnison, Colorado (collectively, Plaintiffs) appeal from the district court's dismissal, for lack of subject matter jurisdiction, of two claims of their three-claim complaint. Plaintiffs' complaint arises out the issuance of a mining patent and names two groups of defendants—federal defendants including the Bureau of Land Management...

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