United States DC Circuit

In case involving land in the Sweet Grass Hills of Montana, summary judgment for appellees on decision declaring void ab initio appellants' mining claims segregated from mineral location and entry is affirmed over claims that: 1) appellee department effected consecutive two-year segregations in violation of the Federal Land Plan and Management Act of 1976; and 2) the withdrawal from mineral location and entry 19,685 acres of land in the Hills for 20 years was arbitrary and capricious.

Appellate Information

• Decided 02/16/2007
• Published 02/16/2007

Judges

• Before:  HENDERSON, ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven J. Lechner argued the cause for the appellants.  William Perry Pendley was on brief.


• For Appellees:
  
• John L. Smeltzer, Attorney, United States Department of Justice, argued the cause for the appellees.  Matthew J. Sanders, Attorney, United States Department of Justice, was on brief.