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
- Oil falls below $79 7:53 a.m.
- Stocks open lower 7:53 a.m.
- Iranian Consulate fatally shot 7:49 a.m.
- AP poll: Family dinner survives 7:47 a.m.
- Palestinian election may be called off 7:45 a.m.
- Balloon boy parents to plead guilty 7:44 a.m.
- Intel to pay AMD $1.25B settlement 7:42 a.m.
- Jobless claims fall to 502K 7:40 a.m.
- Obama to want revised war options 7:39 a.m.
- Will state consider gay rights law? 7:11 a.m.
- SLC council OKs gay rights policies
- BYU football recruit turning heads
- Alta's Ohai is Ms. Soccer 2009
- Prep football: Felt's Facts Week
- 'Love story' of crash victim ends
- Utah Jazz have a problem at point
- Crash kills Utah County man
- 12 Utes return to Texas
- Will state consider gay rights law?
- Long days for BYU interns
- House passes health care bill
288 - SLC council OKs gay rights policies
250 - TCU showdown has big implications
195 - Senators want food tax restored
157 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - S.L. vote pending on gay protections
109 - Pratt pleads not guilty to sex charges
101 - Letters: Strange breed in Utah
96
This week, I'm compiling my annual list of restaurants serving...
As a younger official, I am excited about this new rule. It will allow me to...
If the poor cant afford to pay taxes on bread then they should just 'eat...
The real science has been in for quite some time now. People can find out...
TO "Tax energy | 7:48 a.m. " the reason for taxing citizens rather than...
I'm a Democrat, but an enormous fan of Rex Lee. This action is a no-brainer.
It now seems clear that the Church approved of the SLC ordinance because it...
Hold your pointer finger to your lips...listen for the silence! That's what...
You must be from Kanab. Go Rebels!Duchesne has got to get by Andersen,...
look at it this way, at least you Jazz fans will lay off the Lakers. You have...
Lee, John, et al. Correct, but you miss the larger point. Why are...


You can be the first to comment on this story.