United States DC Circuit

A challenge to a series of monument designations under the Antiquities Act of 1906 contained insufficient factual allegations under FRCP 8(a) to trigger ultra vires review of the President's Proclamations.

Appellate Information

• Decided 10/18/2002
• Published 10/18/2002

Judges

• Before:  EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gary G. Stevens argued the cause and filed the briefs for appellants., Andrew E. Wetzler argued the cause for intervenors Natural Resources Defense Council, et al.   With him on the brief were Nathaniel S.W. Lawrence, Michael R. Sherwood, Anne Harper and James S. Pew., Raissa S. Lerner, Deputy Attorney General, Attorney General's Office of the State of California, argued the cause for intervenor People of the State of California.   With her on the brief were Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General and Theodora Berger, Senior Assistant Attorney General.


• For Appellees:
  
• Susan Pacholski, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Ellen J. Durkee, Michael Gheleta and Ann Navaro, Attorneys, U.S. Department of Justice.