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STEWART v. KEMPTHORNE

No. 08-4020.

554 F.3d 1245 (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; Board of County Commissioners of Kane County, Utah, a political subdivision of the State of Utah; Board of County Commissioners Of Garfield County, Utah, a political subdivision of the State of Utah; D. Maloy Dodds, in his official capacity as member of the Board of County Commissioners of Garfield 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; CLARE RAMSAY, in her official capacity as member of the Board of County Commissioners of Garfield County; Ray Spencer, in his official capacity as member of the Board of County Commissioners of Kane County, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, in his capacity as Secretary of the United States Department of the Interior; The United States Department of the Interior; The Bureau of Land Management, an agency of the Department of the Interior of the United States; David Wolfe, Acting Manager, Grand Staircase Escalante National Monument, Defendants-Appellees, Canyonlands Grazing Corporation; Grand Canyon Trust, Defendants-Intervenors-Appellees, Catron County, New Mexico; Coalition of Arizona/New Mexico Counties for Stable Economic Growth; New Mexico Cattle Growers' Association; Otero County, New Mexico; Utah Association of Counties, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 2, 2009.

Attorney(s) appearing for the Case

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

Jared Bennett, Assistant United States Attorney (Brett L. Tolman, United States Attorney, on the brief), Salt Lake City, UT, for Defendants-Appellees.

W. Cullen Battle of Fabian & Clendenin, Salt Lake City, UT, for Defendants-Intervenors-Appellees.

J. Mark Ward of Utah Association of Counties, Murray, UT, for Amicus Curiae Utah Association of Counties.

Murray D. Feldman of Holland & Hart, L.L.P., Boise, ID; Susan L. Lyndrup, Holland & Hart, L.L.P., Jackson, WY, for Amici Curiae Arizona and New Mexico Counties for Stable Economic Growth; Catron County, New Mexico; Otero County, New Mexico; and New Mexico Cattle Growers' Association.

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

PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants, comprising individuals and two Utah counties, appeal from the denial of grazing permit applications for three allotments within the Grand Staircase-Escalante National Monument. The district court upheld an administrative law judge's determination that the Bureau of Land Management (BLM) properly rejected the individual applications because a valid grazing permit had already been issued to Canyonlands Grazing Corporation...

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