From Deseret News archives:
Court denies appeal on Grand Staircase
A three-judge panel of the 10th U.S. Circuit Court of Appeals upheld a Utah judge's decision to throw out the lawsuit filed by Denver-based Mountain States Legal Foundation.
The foundation's 1997 suit had been consolidated with a suit filed nine months earlier by the Utah Association of Counties, which didn't join the appeal, and the state Schools and Institutional Trust Lands Administration, which dropped out before the appeal was filed.
"Because we conclude that (Mountain States Legal Foundation) lacked standing to bring this suit, we dismiss the appeal," appellate judges David M. Ebel, Paul J. Kelly and Stephanie Seymour wrote in a decision released late Monday.
The judges said the legal foundation couldn't produce a person who could show he was harmed by Clinton's designation of the 1.9 million-acre monument, which opponents called an abuse of the president's discretion under the 1906 Antiquities Act.
The Mountain States Legal Foundation cited the case of Don Wood, owner of Southwest Stone, who for 20 years mined alabaster from land that later became the monument.
But the appeals court said Wood's alleged injury did not occur until a year after the lawsuit was brought, while standing is determined by an injury that coincides with the filing of a suit.
That meant the Mountain States Legal Foundation could not meet a legal requirement showing it had a stake in Clinton's designation.
The appeals judges upheld a ruling more than two years ago by U.S. District Judge Dee Benson in Utah, who rejected claims that Clinton had violated a law that has let presidents since Theodore Roosevelt unilaterally create national monuments to preserve the nation's ancient cultural sites or geologic treasures. The Grand Staircase-Escalante National Monument has both features and a rich trove of dinosaur fossils.
Clinton's surprise designation came during a campaign swing of the West, less than two months before his 1996 election to a second term. Avoiding Utah, one of the nation's most Republican states, he made the announcement from Arizona's Grand Canyon, 70 miles south of the monument he was creating.
U.S. attorneys and Stephen Bloch, a lawyer for the Southern Utah Wilderness Alliance, said no court ever examined a president's motives in creating a monument. And they said that despite repeated legal challenges, no monument designation has ever been overturned.
Clinton went on to designate six other monuments in 2000 before leaving office.
Comments
- Cougars beat Utes, 26-23 7:10 p.m.
- Militia movement resurfaces in U.S. 6:36 p.m.
- U.S. wages war on AIDS in Vietnam 6:35 p.m.
- Radio traffic reports may be fading 6:33 p.m.
- Wildcats pounded by the Tribe 5:40 p.m.
- TSA gets Grinchy with snow globes 4:34 p.m.
- Luxury resort in depressed Rhode Is. 4:34 p.m.
- Jones' joy for life remembered 4:09 p.m.
- Fantasy is reality for BYU professor 4:05 p.m.
- 'A Christmas Story' opens this week 4:05 p.m.
- Cave to be sealed with body inside
- Predicting the unpredictable: BYU wins
- Vegas, Poinsettia bowls or bust
- Glover gives Utes last-second upset
- BYU football: 5 keys to victory
- Cougars turn back Wildcats'
- Man trapped in Nutty Putty cave dies
- Running game key to BYU offense
- Woods, wife unavailable for interview
- Idaho woman dies after fall
- BYU would like friendlier rivalry
272 - Thunder rolls by Jazz
136 - Letters: Rushing to judge Palin
134 - Man trapped in Nutty Putty cave dies
115 - Editorial: Poor welcome for Palin
113 - Cave to be sealed with body inside
113 - Letters: Trump card for believers
98 - Rivalry Week is highly profane
88 - Utah, BYU are top choices for bowls
76 - Hall's legacy measured today
75
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
Our thoughts and prayers for continued strength and emotional healing for the...
she brings into the lives of others! "When you have done it unto the least...
What the heck are you all talking about! Max Hall just won the game! Rise...
Great season Nick W!
We have universal healthcare for the elderly and we all are "forced" to pay...
love to hear you utah folks byu and utah fans get after your teams and their...
Add this one to the other rivalry classics---only because it went to...
BYU-haters need to find a recipe for Crow stew. How does it taste?
Wow, what a great game on both sides of the ball. Another nail-biter.
Hall and Bronco have played this game without any guts. In the final play...



You can be the first to comment on this story.