WESTERN WATERSHEDS v. INTERIOR BD. OF LAND APPEALS

No. 20-4120.

62 F.4th 1293 (2023)

WESTERN WATERSHEDS PROJECT, Plaintiff-Appellant, v. INTERIOR BOARD OF LAND APPEALS; United States Department of the Interior, Defendants-Appellees, and State of Utah; Utah School and Institutional Trust Lands Administration; Utah Department of Agriculture, Intervenor Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 20, 2023.


Attorney(s) appearing for the Case

Laurence J. Lucas of Advocates for the West, Boise, Idaho ( John Persell of Western Watersheds Project, Hailey, Idaho, and Megan Backsen of Reno, Nevada, with him on the briefs), for Plaintiff-Appellant.

Rebecca Jaffe , Attorney ( Jean E. Williams , Acting Assistant Attorney General, with her on the brief), Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., for Defendants-Appellees.

Mark S. Boshell , Special Assistant Attorney General ( Kaitlin T. Davis , Kathy A.F. Davis , and Anthony L. Rampton , Assistant Attorneys General, with him on the brief), Public Lands Section, Department of Natural Resources, State of Utah Office of the Attorney General, Salt Lake City, Utah, for Intervenor Defendants-Appellees.

Before MORITZ, EBEL, and EID, Circuit Judges.


In 2019, Western Watersheds Project sued to challenge the issuance of permits that expired in 2018.1 The district court dismissed the case for lack of Article III standing. We agree with that decision. Western Watersheds Project's claims were brought against expired permits that had already been renewed...

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