United States Tenth Circuit

In an action alleging that the Secretary of the Interior's land management plan violated Plaintiff county's water rights, the dismissal of the complaint is affirmed, where Plaintiffs failed to allege that the Secretary failed to take a discrete action that it was required to take, as required by 5 U.S.C. section 706.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• BRISCOE, Circuit Judge., Before HENRY, BRISCOE, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Shawn T. Welch, (A. John Davis with him on the briefs), Holme, Roberts & Owen, LLP, Salt Lake City, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• David C. Shilton, (Ronald J. Tenpas, Assistant Attorney General;  Thomas K. Snodgrass, Attorney, Environmental and Natural Resources Division;  Aaron P. Avila, Attorney, Environmental and Natural Resources Division, with him on the brief), Department of Justice, Washington, D.C., for Defendants-Appellees., Edward B. Zukoski, (James S. Angell, Earthjustice, Denver, CO,;  Heidi McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the brief), Earthjustice, Denver, CO, for Defendants-Intervenors-Appellees., Drew Peternell, Trout Unlimited, filed an amicus brief is support of appellees.