STEWART v. U.S. DEPT. OF INTERIOR

Nos. 07-4200, 07-4203.

554 F.3d 1236 (2009)

Trevor D. STEWART; Todd Phillips; Joe Phillips; H. Dell Lefevre, individually and in his capacity as member of the Board of County Commissioners of Garfield County; Worth W. Brown; James N. Brown; William F. Alleman; Ray Spencer, in his official capacity as member of the Board of County Commissioners of Kane County; Mark Habbeshaw, In his official capacity as member of the Board of County Commissioners of Kane County; Daniel Hulet, in his official capacity as member of the Board of County Commissioners of Kane County; D. Maloy Dodds, in his official capacity as member of the Board of County Commissioners of Garfield County; Clare Ramsay, in her official capacity as member of the Board of County Commissioners of Garfield County, Plaintiffs-Appellees, and Board of County Commissioners of Garfield County, Utah; Board of County Commissioners of Kane County, Utah, Plaintiffs-Appellees-Cross-Appellants. v. UNITED STATES DEPARTMENT OF THE INTERIOR; The Bureau of Land Management, an agency of the Department of the Interior of the United States; Dirk Kempthorne, in his capacity as Secretary of the United States of Department of the Interior; David Wolfe, Acting Manager, Grand Staircase Escalante National Monument, Defendants-Appellants-Cross-Appellees, and Canyonlands Grazing Corporation; Grand Canyon Trust, Defendants-Intervenors.

United States Court of Appeals, Tenth Circuit.

February 2, 2009.


Attorney(s) appearing for the Case

Brandon L. Jensen (Karen Budd-Falen of Budd-Falen Law Offices, L.L.C., on the briefs), Cheyenne, WY, for Plaintiffs-Appellees-Cross-Appellants.

Mark W. Pennak (Jeffrey S. Bucholtz, Acting Assistant Attorney General, Brett L. Tolman, United States Attorney, Leonard Schaitman, Wendy M. Keats, Appellate Staff, Civil Division, Department of Justice, on the briefs), Washington, D.C., for Defendants-Appellants-Cross-Appellees.

Before HENRY, Chief Judge, KELLY, and MURPHY, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellees-Cross-Appellants Kane and Garfield Counties (the Counties) sought access to records of the Bureau of Land Management (BLM) and the United States Department of the Interior concerning the granting and retiring of grazing permits in the Grand Staircase-Escalante National Monument (National Monument) in southern Utah, pursuant to a Freedom of Information Act (FOIA), 5 U.S.C. § 552, request. After the agencies...

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