lujan
wildlife
argued
april
decided
june
national
wildlife
federation
hereinafter
respondent
filed
action
district
petitioners
director
bureau
land
management
blm
federal
parties
alleging
various
respects
violated
federal
land
policy
management
act
flpma
national
environmental
policy
act
nepa
course
administering
blm
land
withdrawal
review
program
actions
set
aside
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
within
meaning
administrative
procedure
act
apa
program
petitioners
make
various
types
decisions
affecting
status
public
lands
availability
private
uses
mining
number
decisions
listed
appendix
complaint
granted
petitioners
motion
summary
judgment
federal
rule
civil
procedure
holding
respondent
lacked
standing
seek
judicial
review
petitioners
actions
apa
ruled
affidavits
two
respondent
members
peterson
erman
claiming
use
public
lands
vicinity
lands
covered
two
listed
decisions
insufficient
confer
standing
particular
decisions
even
adequate
limited
purpose
support
respondent
attempted
apa
challenge
individual
actions
effected
program
rejected
untimely
four
member
affidavits
pertaining
standing
submitted
argument
summary
judgment
motion
purported
response
district
postargument
request
additional
briefing
appeals
reversed
holding
peterson
erman
affidavits
sufficient
abuse
discretion
consider
four
additional
affidavits
standing
challenge
individual
decisions
conferred
standing
challenge
decisions
held
peterson
erman
affidavits
insufficient
establish
respondent
entitlement
judicial
review
person
adversely
affected
aggrieved
agency
action
within
meaning
relevant
statute
pp
establish
right
relief
respondent
must
satisfy
two
requirements
first
must
show
affected
agency
action
defined
see
since
neither
flpma
nepa
provides
private
right
action
agency
action
question
must
also
final
agency
action
second
respondent
must
prove
adversely
affected
aggrieved
action
within
meaning
relevant
statute
requires
showing
injury
complained
falls
within
zone
interests
sought
protected
flpma
nepa
cf
clarke
securities
industry
pp
defendant
moves
summary
judgment
ground
plaintiff
failed
establish
right
relief
burden
plaintiff
rule
set
forth
specific
facts
even
though
may
controverted
defendant
showing
genuine
issue
trial
cf
celotex
catrett
showing
made
defendant
entitled
judgment
matter
law
pp
specific
facts
alleged
two
affidavits
raise
genuine
issue
fact
whether
respondent
right
relief
may
assumed
allegedly
affected
interests
set
forth
affidavits
recreational
use
aesthetic
enjoyment
sufficiently
related
respondent
purposes
respondent
meets
requirements
members
moreover
affidavit
read
complain
particular
agency
action
within
meaning
whatever
adverse
effect
aggrievement
established
affidavits
meets
zone
interests
test
since
recreational
use
aesthetic
enjoyment
among
sorts
interests
flpma
nepa
designed
protect
however
showing
interests
peterson
erman
actually
affected
petitioners
actions
since
affidavits
alleged
affiants
used
unspecified
lands
vicinity
immense
tracts
territory
portions
record
shows
mining
activity
occurred
probably
occur
virtue
actions
appeals
erred
ruling
district
presume
specific
facts
sufficient
support
general
allegations
injury
affiants
since
facts
essential
sustaining
complaint
rule
set
forth
respondent
students
challenging
regulatory
agency
procedures
scrap
distinguished
pp
affidavits
insufficient
enable
respondent
challenge
entirety
petitioners
land
withdrawal
review
program
term
refer
single
blm
order
regulation
even
completed
universe
particular
blm
orders
regulations
simply
name
petitioners
occasionally
referred
certain
continuing
thus
constantly
changing
blm
operations
regarding
public
lands
currently
extend
individual
decisions
presumably
include
actions
future
thus
program
identifiable
agency
action
within
meaning
much
less
final
agency
action
absent
explicit
congressional
authorization
correct
administrative
process
systemic
level
agency
action
ordinarily
considered
ripe
judicial
review
apa
scope
controversy
reduced
manageable
proportions
factual
components
fleshed
concrete
action
harms
threatens
harm
complainant
may
well
due
scope
program
individual
blm
actions
identified
affidavits
ripe
challenge
agency
action
inaction
immediately
harming
respondent
occurs
entirely
certain
flaws
entire
program
laid
courts
wholesale
correction
apa
simply
one
ripe
review
adversely
affects
one
respondent
members
respondent
must
seek
programmatic
improvements
blm
congress
pp
district
abuse
discretion
declining
admit
supplemental
affidavits
since
affidavits
filed
response
briefing
order
following
summary
judgment
hearing
untimely
inter
alia
rule
provides
opposing
affidavits
may
served
later
day
hearing
although
rule
allows
discretion
extend
filing
deadline
cause
shown
extension
must
upon
motion
made
permissible
failure
meet
deadline
result
excusable
neglect
respondent
made
motion
extension
showing
cause
moreover
failure
timely
file
result
excusable
neglect
since
order
setting
hearing
summary
judgment
motion
put
respondent
notice
right
sue
issue
absent
proper
motion
time
filing
additional
evidentiary
materials
latest
day
hearing
even
overcome
obstacles
admit
affidavits
compelled
exercising
discretion
pp
respondent
entitled
seek
review
petitioners
actions
right
brief
affidavit
submitted
district
show
respondent
ability
fulfill
informational
advocacy
functions
adversely
affected
petitioners
alleged
failure
provide
adequate
information
opportunities
public
participation
respect
land
withdrawal
review
program
fails
identify
particular
agency
action
source
respondent
alleged
injuries
since
program
identifiable
action
event
thus
affidavit
set
forth
specific
facts
necessary
survive
rule
motion
pp
scalia
delivered
opinion
rehnquist
white
kennedy
joined
blackmun
filed
dissenting
opinion
brennan
marshall
stevens
joined
post
acting
solicitor
general
roberts
argued
cause
petitioners
briefs
assistant
attorney
general
stewart
deputy
solicitor
general
wallace
lawrence
robbins
peter
steenland
anne
almy
fred
disheroom
vicki
plaut
barrett
prettyman
argued
cause
respondents
brief
john
keeney
kathleen
zimmerman
norman
dean
william
perry
pendley
filed
brief
respondents
mountain
legal
foundation
et
al
briefs
amici
curiae
urging
reversal
filed
american
farm
bureau
federation
et
al
kathryn
oberly
john
rademacher
american
mining
congress
jerry
haggard
gerrie
apker
kurtz
national
cattlemen
association
et
al
constance
brooks
pacific
legal
foundation
ronald
zumbrun
robin
rivett
james
burling
washington
legal
foundation
et
al
terence
ross
daniel
popeo
richard
samp
briefs
amici
curiae
urging
affirmance
filed
state
california
et
al
john
van
de
kamp
attorney
general
california
andrea
sheridan
ordin
chief
assistant
attorney
general
craig
thompson
susan
durbin
clifford
rechtschaffen
nilda
mesa
deputy
attorney
generals
attorneys
general
respective
follows
robert
butterworth
florida
lacy
thornburg
north
carolina
anthony
calebrezze
ohio
jeffrey
amestoy
vermont
joseph
meyer
wyoming
wilderness
society
et
al
bruce
ennis
justice
scalia
delivered
opinion
case
must
decide
whether
respondent
national
wildlife
federation
hereinafter
respondent
proper
party
challenge
actions
federal
government
relating
certain
public
lands
respondent
filed
action
district
district
columbia
petitioners
department
interior
secretary
interior
director
bureau
land
management
blm
agency
within
department
amended
complaint
respondent
alleged
petitioners
violated
federal
land
policy
management
act
flpma
stat
et
seq
ed
national
environmental
policy
act
nepa
stat
et
administrative
procedure
act
apa
course
administering
complaint
called
land
withdrawal
review
program
blm
background
information
concerning
program
necessary
understanding
dispute
various
enactments
congress
empowered
citizens
acquire
title
rights
vast
portions
federally
owned
land
see
et
seq
mining
law
stat
amended
et
seq
mineral
leasing
act
congress
also
provided
means
however
executive
remove
public
lands
operation
statutes
pickett
act
stat
ed
repealed
stat
authorized
president
time
discretion
temporarily
withdraw
settlement
location
sale
entry
public
lands
reserve
sites
irrigation
classification
lands
public
purposes
acting
taylor
grazing
act
ch
stat
amended
gave
secretary
interior
authority
classify
public
lands
suitable
either
disposal
federal
retention
management
president
franklin
roosevelt
withdrew
unreserved
public
land
disposal
time
classified
exec
order
congress
amended
taylor
grazing
act
authorize
secretary
interior
examine
classify
lands
withdrawn
orders
authority
valuable
suitable
uses
open
lands
entry
selection
location
disposal
accordance
classification
applicable
public
land
laws
stat
amendment
also
directed
uch
lands
shall
subject
disposition
settlement
occupation
classified
opened
entry
ibid
classification
multiple
use
act
stat
ed
expired
gave
secretary
authority
classify
lands
purpose
either
disposal
retention
federal
government
management
public
lands
various
laws
became
chaotic
public
land
law
review
commission
established
congress
study
matter
stat
determined
virtually
country
public
domain
see
public
land
law
review
commission
one
third
nation
land
land
within
see
withdrawn
classified
retention
difficult
determine
extent
existing
executive
withdrawals
degree
withdrawals
overlap
inadequate
records
show
purposes
withdrawals
permissible
public
uses
ibid
accordingly
recommended
congress
provide
careful
review
executive
withdrawals
reservations
blm
retention
disposal
classifications
classification
multiple
use
act
ibid
congress
passed
flpma
repealed
many
miscellaneous
laws
governing
disposal
public
land
et
seq
ed
established
policy
favor
retaining
public
lands
multiple
use
management
directed
secretary
prepare
maintain
continuing
basis
inventory
public
lands
resource
values
required
land
use
planning
public
lands
established
criteria
used
purpose
provided
existing
classifications
public
lands
subject
review
land
use
planning
process
secretary
modify
terminate
classification
consistent
land
use
plans
also
authorized
secretary
make
modify
extend
revoke
withdrawals
finally
directed
secretary
within
years
review
withdrawals
existence
western
determine
whether
long
continuation
existing
withdrawal
lands
judgment
consistent
statutory
objectives
programs
lands
dedicated
relevant
programs
activities
undertaken
blm
comply
various
provisions
constitute
respondent
amended
complaint
styles
blm
land
withdrawal
review
program
subject
current
litigation
pursuant
directives
flpma
petitioners
engage
number
different
types
administrative
action
respect
various
tracts
public
land
within
first
blm
conducts
review
recommends
determinations
required
respect
withdrawals
western
law
requires
secretary
report
recommendations
president
together
statements
concurrence
nonconcurrence
submitted
heads
departments
agencies
administer
lands
president
must
turn
submit
report
congress
together
recommendation
action
secretary
legislation
secretary
submitted
number
reports
president
accordance
provision
second
secretary
revokes
withdrawals
act
office
solicitor
interpreted
give
secretary
power
process
proposals
revocation
withdrawals
made
ordinary
course
business
dept
interior
memorandum
office
solicitor
revocations
initiated
one
three
manners
agency
department
holding
portion
withdrawn
land
longer
needs
may
file
notice
intention
relinquish
lands
blm
member
public
may
file
petition
requesting
revocation
case
lands
held
blm
blm
may
initiate
revocation
proposal
app
withdrawal
revocations
may
made
several
reasons
effected
order
permit
sale
land
purposes
withdrawal
designation
superseded
congressional
action
overlaps
another
withdrawal
designation
order
restore
land
multiple
use
management
pursuant
flpma
app
third
secretary
engages
ongoing
process
classifying
public
lands
either
management
cfr
pt
disposal
pt
uses
classification
decisions
may
initiated
petition
pt
blm
pt
regulations
promulgated
secretary
prescribe
procedures
followed
case
type
classification
determination
ii
complaint
respondent
averred
generally
reclassification
withdrawn
lands
return
others
public
domain
open
lands
mining
activities
thereby
destroying
natural
beauty
respondent
alleged
petitioners
course
administering
nation
public
lands
violated
flpma
failing
develop
maintain
appropriate
revise
land
use
plans
provide
tracts
areas
use
public
lands
ed
failing
submit
recommendations
withdrawals
western
president
failing
consider
multiple
uses
disputed
lands
focusing
inordinately
uses
mineral
exploitation
development
failing
provide
public
notice
decisions
respondent
also
claimed
petitioners
violated
nepa
requires
federal
agencies
include
every
recommendation
report
major
federal
actions
significantly
affecting
quality
human
environment
detailed
statement
responsible
official
environmental
impact
proposed
action
finally
respondent
alleged
actions
arbitrary
capricious
abuse
discretion
otherwise
accordance
law
therefore
set
aside
pursuant
apa
appended
amended
complaint
schedule
specific
land
status
determinations
complaint
stated
taken
defendants
since
january
identified
listing
federal
register
december
district
granted
respondent
motion
preliminary
injunction
prohibiting
petitioners
odifying
terminating
altering
withdrawal
classification
designation
governing
protection
lands
public
domain
effect
january
aking
action
inconsistent
withdrawal
classification
designation
app
pet
cert
subsequent
order
denied
petitioners
motion
rule
federal
rules
civil
procedure
dismiss
complaint
failure
demonstrate
standing
challenge
petitioners
actions
apa
app
pet
cert
appeals
affirmed
orders
national
wildlife
federation
burford
app
motion
dismiss
appeals
found
sufficient
survive
motion
general
allegation
amended
complaint
respondent
members
used
environmental
resources
damaged
petitioners
actions
see
held
allegation
fairly
read
along
balance
complaint
identified
particular
actions
respondent
sought
challenge
since
least
actions
complained
listed
complaint
appendix
federal
register
references
asserted
harm
respondent
members
attributable
particular
actions
support
latter
point
appeals
pointed
affidavits
two
respondent
members
peggy
kay
peterson
richard
erman
claimed
use
land
vicinity
land
covered
two
listed
actions
thus
appeals
concluded
concrete
indication
respondent
members
use
specific
lands
covered
agency
program
adversely
affected
agency
actions
complaint
sufficiently
specific
purposes
motion
dismiss
ibid
petitions
rehearing
appeals
stood
denial
motion
dismiss
directed
parties
district
proceed
litigation
dispatch
national
wildlife
federation
burford
app
back
district
petitioners
claimed
time
means
motion
summary
judgment
rule
federal
rules
civil
procedure
motion
outstanding
proceedings
appeals
respondent
standing
seek
judicial
review
petitioners
actions
apa
argument
motion
purported
response
postargument
request
additional
briefing
respondent
submitted
four
additional
member
affidavits
pertaining
issue
standing
district
rejected
untimely
vacated
injunction
granted
rule
motion
dismiss
noted
neither
earlier
decision
appeals
affirmance
controlled
question
since
pertained
motion
rule
found
peterson
erman
affidavits
insufficient
withstand
rule
motion
even
judicial
review
particular
classification
decisions
pertained
even
adequate
limited
purpose
said
support
respondent
attempted
apa
challenge
individual
classification
terminations
withdrawal
revocations
effected
land
withdrawal
review
program
national
wildlife
federation
burford
dc
time
appeals
reversed
national
wildlife
federation
burford
app
found
peterson
erman
affidavits
sufficient
held
abuse
discretion
consider
four
additional
affidavits
well
appeals
also
concluded
standing
challenge
individual
classification
withdrawal
decisions
conferred
standing
challenge
decisions
land
withdrawal
review
program
granted
certiorari
iii
first
address
respondent
claim
peterson
erman
affidavits
alone
suffice
establish
respondent
right
judicial
review
petitioners
actions
respondent
contend
either
flpma
nepa
provides
private
right
action
violations
provisions
rather
respondent
claims
right
judicial
review
apa
provides
person
suffering
legal
wrong
agency
action
adversely
affected
aggrieved
agency
action
within
meaning
relevant
statute
entitled
judicial
review
thereof
second
party
seeking
review
must
show
suffer
ed
legal
wrong
challenged
agency
action
adversely
affected
aggrieved
action
within
meaning
relevant
statute
respondent
assert
suffered
legal
wrong
need
discuss
meaning
adversely
affected
aggrieved
within
meaning
relevant
statute
original
matter
might
thought
one
adversely
affected
aggrieved
within
meaning
statute
unless
statute
question
uses
terms
terms
like
statutes
fact
conferring
rights
judicial
review
see
federal
communications
act
stat
amended
long
since
rejected
interpretation
however
made
judicial
review
provision
apa
restatement
preexisting
law
rather
said
adversely
affected
aggrieved
within
meaning
statute
plaintiff
must
establish
injury
complains
aggrievement
adverse
effect
upon
falls
within
zone
interests
sought
protected
statutory
provision
whose
violation
forms
legal
basis
complaint
see
clarke
securities
industry
thus
example
failure
agency
comply
statutory
provision
requiring
record
hearings
assuredly
adverse
effect
upon
company
contract
record
transcribe
agency
proceedings
since
provision
obviously
enacted
protect
interests
parties
proceedings
reporters
company
adversely
affected
within
meaning
statute
case
comes
us
petitioners
motion
summary
judgment
must
assess
record
standard
set
forth
rule
federal
rules
civil
procedure
rule
party
entitled
summary
judgment
favor
pleadings
depositions
answers
interrogatories
admissions
file
together
affidavits
show
genuine
issue
material
fact
moving
party
entitled
judgment
matter
law
rule
provides
motion
summary
judgment
made
supported
provided
rule
adverse
party
may
rest
upon
mere
allegations
denials
adverse
party
pleading
adverse
party
response
affidavits
otherwise
provided
rule
must
set
forth
specific
facts
showing
genuine
issue
trial
adverse
party
respond
summary
judgment
appropriate
shall
entered
adverse
party
standards
fully
applicable
defendant
moves
summary
judgment
suit
brought
ground
plaintiff
failed
show
adversely
affected
aggrieved
agency
action
within
meaning
relevant
statute
burden
party
seeking
review
set
forth
specific
facts
even
though
may
controverted
government
showing
satisfied
terms
sierra
club
morton
celotex
made
clear
rule
require
moving
party
negate
elements
nonmoving
party
case
contrary
regardless
whether
moving
party
accompanies
summary
judgment
motion
affidavits
motion
may
granted
long
whatever
district
demonstrates
standard
entry
summary
judgment
set
forth
rule
satisfied
turn
whether
specific
facts
alleged
two
affidavits
considered
district
raised
genuine
issue
fact
whether
agency
action
taken
petitioners
caused
respondent
adversely
affected
aggrieved
within
meaning
relevant
statute
assume
since
uncontested
allegedly
affected
interests
set
forth
affidavits
recreational
use
aesthetic
enjoyment
sufficiently
related
purposes
respondent
association
respondent
meets
requirements
members
hunt
washington
state
apple
advertising
agency
action
requirement
think
affidavits
read
appeals
believed
complain
particular
agency
action
term
defined
parties
agree
peterson
affidavit
judging
geographic
area
describes
must
refer
one
blm
orders
listed
appendix
complaint
appears
order
captioned
dated
april
terminating
withdrawal
classification
acres
land
area
see
brief
petitioners
parties
also
appear
agree
basis
similar
deduction
erman
affidavit
refers
blm
order
listed
appendix
appears
order
captioned
public
land
order
dated
february
also
think
whatever
adverse
effect
aggrievement
established
affidavits
within
meaning
relevant
statute
met
zone
interests
test
relevant
statute
course
statute
whose
violation
gravamen
complaint
flpma
nepa
doubt
recreational
use
aesthetic
enjoyment
among
sorts
interests
statutes
specifically
designed
protect
issue
whether
facts
alleged
affidavits
showed
interests
peterson
erman
actually
affected
peterson
affidavit
averred
recreational
use
aesthetic
enjoyment
federal
lands
particularly
vicinity
south
mountain
wyoming
continue
adversely
affected
fact
unlawful
actions
bureau
department
particular
south
mountain
area
wyoming
opened
staking
mining
claims
oil
gas
leasing
action
threatens
aesthetic
beauty
wildlife
habitat
potential
lands
app
pet
cert
district
found
peterson
affidavit
inadequate
following
reasons
peterson
claims
uses
federal
lands
vicinity
south
mountain
area
wyoming
recreational
purposes
aesthetic
enjoyment
recreational
aesthetic
enjoyment
continues
adversely
affected
result
decision
blm
open
staking
mining
claims
oil
gas
leasing
decision
opened
mining
approximately
acres
within
two
million
acre
area
balance
exception
acres
always
open
mineral
leasing
mining
showing
peterson
recreational
use
enjoyment
extends
particular
acres
covered
decision
terminate
classification
remainder
two
million
acres
affected
termination
claims
uses
lands
vicinity
affidavit
face
contains
bare
allegation
injury
fails
show
specific
facts
supporting
affiant
allegation
emphasis
original
magnitude
erman
claimed
injury
stretches
imagination
arizona
strip
consists
lands
arizona
north
west
colorado
river
approximately
million
acres
area
size
state
arizona
furthermore
virtually
entire
strip
many
years
open
uranium
metalliferous
mining
revocation
withdrawal
public
land
order
concerned
nonmetalliferous
mining
western
arizona
strip
area
possessing
potential
nonmetalliferous
mining
peterson
referring
lands
affected
area
allegation
impairment
use
enjoyment
meaningless
perjurious
trial
overlooks
fact
unless
peterson
language
read
refer
lands
affected
program
affidavit
best
meaningless
document
minimum
peterson
affidavit
ambiguous
regarding
whether
adversely
affected
lands
ones
uses
presented
ambiguity
motion
summary
judgment
district
must
resolve
factual
issues
controversy
favor
party
means
district
obliged
resolve
factual
ambiguity
favor
nwf
assume
purposes
summary
judgment
peterson
used
affected
acres
app
margins
room
debate
specific
must
specific
facts
rule
requires
particular
case
fact
question
one
put
issue
challenge
whether
one
respondent
members
threatened
adversely
affected
aggrieved
government
action
rule
assuredly
satisfied
averments
state
one
respondent
members
uses
unspecified
portions
immense
tract
territory
portions
mining
activity
occurred
probably
occur
virtue
governmental
action
presume
missing
facts
without
affidavits
establish
injury
generally
allege
converts
operation
rule
circular
promenade
plaintiff
complaint
makes
general
allegation
injury
defendant
contests
rule
existence
specific
facts
support
injury
plaintiff
responds
affidavit
containing
general
allegation
injury
must
deemed
constitute
averment
requisite
specific
facts
since
otherwise
allegation
injury
unsupported
precisely
defendant
claims
respondent
places
great
reliance
appeals
upon
decision
students
challenging
regulatory
agency
procedures
scrap
scrap
opinion
whose
expansive
expression
suffice
review
particular
facts
never
since
emulated
relevance
since
involved
rule
motion
summary
judgment
rule
motion
dismiss
pleadings
latter
unlike
former
presumes
general
allegations
embrace
specific
facts
necessary
support
claim
conley
gibson
iv
turn
next
appeals
alternative
holding
four
additional
member
affidavits
proffered
respondent
response
district
briefing
order
established
right
review
agency
action
impossible
affidavits
suffice
appeals
held
enable
respondent
challenge
entirety
petitioners
land
withdrawal
review
program
agency
action
within
meaning
much
less
final
agency
action
within
meaning
term
land
withdrawal
review
program
far
know
derived
authoritative
text
refer
single
blm
order
regulation
even
completed
universe
particular
blm
orders
regulations
simply
name
petitioners
occasionally
referred
continuing
thus
constantly
changing
operations
blm
reviewing
withdrawal
revocation
applications
classifications
public
lands
developing
land
use
plans
required
flpma
identifiable
agency
action
much
less
final
agency
action
weapons
procurement
program
department
defense
drug
interdiction
program
drug
enforcement
administration
district
explained
land
withdrawal
review
program
extends
currently
least
individual
classification
terminations
withdrawal
revocations
respondent
alleges
violation
law
rampant
within
program
failure
revise
land
use
plans
proper
fashion
failure
submit
certain
recommendations
congress
failure
consider
multiple
use
inordinate
focus
upon
mineral
exploitation
failure
provide
required
public
notice
failure
provide
adequate
environmental
impact
statements
perhaps
respondent
seek
wholesale
improvement
program
decree
rather
offices
department
halls
congress
programmatic
improvements
normally
made
terms
apa
respondent
must
direct
attack
particular
agency
action
causes
harm
statutes
permit
broad
regulations
serve
agency
action
thus
object
judicial
review
directly
even
concrete
effects
normally
required
apa
review
felt
absent
provision
however
regulation
ordinarily
considered
type
agency
action
ripe
judicial
review
apa
scope
controversy
reduced
manageable
proportions
factual
components
fleshed
concrete
action
applying
regulation
claimant
situation
fashion
harms
threatens
harm
major
exception
course
substantive
rule
practical
matter
requires
plaintiff
adjust
conduct
immediately
agency
action
ripe
review
whether
explicit
statutory
review
apart
apa
provided
see
abbott
laboratories
gardner
gardner
toilet
goods
cf
toilet
goods
gardner
present
case
individual
actions
blm
identified
six
affidavits
regarded
rules
general
applicability
rule
defined
apa
agency
action
general
particular
applicability
future
effect
emphasis
added
announcing
respect
vast
expanses
territory
cover
agency
intent
grant
requisite
permission
certain
activities
decline
interfere
activities
take
particular
action
requested
may
well
even
individual
actions
ripe
challenge
agency
action
inaction
immediately
harming
plaintiff
occurs
least
entirely
certain
flaws
entire
program
consisting
principally
many
individual
actions
referenced
complaint
presumably
actions
yet
taken
well
laid
courts
wholesale
correction
apa
simply
one
ripe
review
adversely
affects
one
respondent
members
approach
requires
understandably
frustrating
organization
respondent
objective
protection
nation
wildlife
streams
forests
support
traditional
remains
normal
mode
operation
courts
except
congress
explicitly
provides
correction
administrative
process
higher
level
generality
intervene
administration
laws
extent
specific
final
agency
action
actual
immediately
threatened
effect
toilet
goods
intervention
may
ultimately
effect
requiring
regulation
series
regulations
even
whole
program
revised
agency
order
avoid
unlawful
result
discerns
assuredly
swift
immediately
corrective
process
interested
systemic
improvement
desire
confided
us
however
sweeping
actions
branches
appeals
reliance
upon
supplemental
affidavits
wrong
second
reason
district
abuse
discretion
declining
admit
petitioners
filed
motion
summary
judgment
september
respondent
filed
opposition
submit
new
evidentiary
materials
time
june
case
made
way
first
time
appeals
district
announced
hold
hearing
july
outstanding
motions
summary
judgment
included
petitioners
motion
challenging
respondent
standing
hearing
held
noted
earlier
district
issued
order
directing
respondent
file
supplemental
memorandum
regarding
issue
standing
proceed
record
doc
although
plainly
call
submission
new
evidentiary
materials
purported
response
order
august
respondent
submitted
along
requested
legal
memorandum
additional
affidavits
explanation
submission
called
explanation
contained
memorandum
simply
stated
nwf
submitted
declarations
behalf
members
nwf
injured
challenged
actions
federal
defendants
record
doc
november
ruling
granting
petitioners
motion
district
rejected
additional
affidavits
untimely
violation
briefing
order
respondent
evidentiary
submission
indeed
untimely
rule
requires
affidavits
opposition
summary
judgment
motion
served
prior
day
hearing
rule
generally
hen
motion
supported
affidavit
opposing
affidavits
may
served
later
day
hearing
unless
permits
served
time
rule
sets
proper
approach
case
late
filings
rules
notice
given
thereunder
order
act
required
allowed
done
within
specified
time
cause
shown
may
time
discretion
without
motion
notice
order
period
enlarged
request
therefor
made
expiration
period
originally
prescribed
extended
previous
order
upon
motion
made
expiration
specified
period
permit
act
done
failure
act
result
excusable
neglect
last
substantive
obstacle
greatest
appeals
presumably
thought
overcome
papers
trial
relied
two
years
old
time
requested
supplemental
memoranda
indication
prior
trial
request
respondent
doubted
adequacy
affidavits
already
submitted
app
understand
relevance
first
point
passage
long
time
two
years
suggests
anything
respondent
usual
amount
time
prepare
response
motion
moderately
remiss
waiting
last
moment
suggestion
unfair
surprise
litigant
never
justified
assuming
made
mind
expresses
effect
litigant
failure
buttress
position
confidence
strength
position
always
indulged
litigant
risk
case
whatever
erroneous
expectations
respondent
may
surely
dispelled
district
order
june
announcing
hearing
petitioners
motion
held
one
month
later
least
order
issued
respondent
notice
right
sue
issue
absent
proper
motion
time
filing
additional
evidentiary
materials
latest
day
hearing
perhaps
true
district
overcome
obstacles
described
apparent
lack
motion
showing
excusable
neglect
admit
affidavits
issue
proposition
compelled
receive
abuse
discretion
reject
accepted
respondent
final
argument
remand
case
appeals
decide
whether
respondent
may
seek
review
petitioners
actions
right
rather
derivatively
members
specifically
points
allegations
amended
complaint
petitioners
unlawfully
failed
publish
regulations
invite
public
participation
prepare
environmental
impact
statement
respect
land
withdrawal
review
program
whole
order
show
person
adversely
affected
aggrieved
failures
submitted
district
brief
affidavit
two
pages
record
one
lynn
greenwalt
stated
respondent
mission
inform
members
general
public
conservation
issues
advocate
improvements
laws
administrative
practices
pertaining
protection
enhancement
federal
lands
app
pet
cert
ability
perform
mission
impaired
petitioners
failure
provide
adequate
information
opportunities
public
participation
respect
land
withdrawal
review
program
district
found
affidavit
insufficient
establish
respondent
right
seek
judicial
review
since
conclusory
completely
devoid
specific
facts
appeals
reversed
district
grounds
discussed
address
issue
agree
district
disposition
even
assuming
affidavit
set
forth
specific
facts
adequate
show
injury
respondent
deprivation
information
even
assuming
providing
information
organizations
respondent
one
objectives
statutes
allegedly
violated
respondent
aggrieved
within
meaning
statutes
nonetheless
greenwalt
affidavit
fails
identify
particular
agency
action
source
injuries
sentences
addressed
point
follows
nwf
ability
meet
obligations
members
significantly
impaired
failure
bureau
land
management
department
interior
provide
adequate
information
opportunities
public
participation
respect
land
withdrawal
review
program
interests
nwf
injured
actions
bureau
department
irreparably
harmed
continued
failure
provide
meaningful
opportunities
public
input
access
information
regarding
land
withdrawal
review
program
app
pet
cert
ordered
footnotes
contrary
apparent
understanding
dissent
contend
land
withdrawal
review
program
exists
contend
weapons
procurement
program
exists
merely
assert
identifiable
final
agency
action
purposes
apa
fact
specific
order
regulation
applying
particular
measure
across
board
individual
classification
terminations
withdrawal
revocations
order
regulation
final
become
ripe
review
manner
discuss
subsequently
text
course
challenged
apa
person
adversely
affected
entire
land
withdrawal
review
program
insofar
content
particular
action
concerned
thereby
affected
quite
different
permitting
generic
challenge
aspects
land
withdrawal
review
program
though
constituted
final
agency
action
secretary
regulations
person
seeking
conduct
mining
operations
cause
cumulative
surface
disturbance
five
acres
must
first
obtain
approval
plan
operations
cfr
mining
operations
cause
surface
disturbance
less
acres
require
prior
approval
prior
notice
must
given
district
office
blm
neither
approval
notification
required
respect
casual
use
operations
defined
activities
ordinarily
resulting
negligible
disturbance
federal
lands
resources
activities
considered
casual
involve
use
mechanized
earth
moving
equipment
explosives
involve
use
motorized
vehicles
areas
designated
closed
vehicles
ibid
thus
mining
use
ordinarily
involving
negligible
disturbance
take
place
must
occur
either
agency
action
response
submitted
plan
agency
inaction
response
submitted
notice
one
four
new
affidavits
peggy
peterson
one
original
affiants
corporation
filed
mine
permit
application
blm
covering
portion
land
original
affidavit
pertained
app
brief
opposition
respondent
national
wildlife
federation
permit
granted
doubt
agency
action
ripe
review
occurred
doubt
course
otherwise
proper
challenge
affiant
peterson
respondent
able
call
question
validity
classification
order
authorizing
permit
however
grant
permit
suffice
filing
notice
engage
mining
activities
negligible
disturbance
occur
actual
mining
land
impossible
tell
whether
mining
activities
occur
indeed
often
impossible
tell
classification
order
alone
whether
mining
activities
even
permissible
explained
uncontested
affidavit
blm
assistant
director
land
resources
lands
may
subject
another
withdrawal
comparable
scope
may
subject
classification
segregations
tantamount
withdrawal
case
lands
opened
operation
public
land
laws
removal
one
withdrawals
practical
effect
another
reason
may
change
revocation
occurred
lands
may
transferred
private
ownership
consequently
withdrawal
revocation
amounts
nothing
paper
transaction
alternative
revoked
withdrawal
may
open
lands
operation
public
land
mineral
laws
withdrawal
revocations
made
without
prior
knowledge
subsequent
disposition
may
made
lands
lands
opened
might
transferred
federal
ownership
sale
exchange
discretionary
mode
disposal
anticipated
withdrawal
revoked
subsequent
discretionary
actions
require
separate
independent
decisionmaking
obviously
divorced
prior
revocation
decision
environmental
management
concerns
public
participation
taken
account
relation
decisionmaking
affidavit
frank
edwards
app
nothing
contrary
opinion
automobile
workers
brock
cited
appeals
opinion
discuss
respondent
secretary
labor
rely
upon
requirements
ripeness
jurisprudence
cases
abbott
laboratories
gardner
gardner
toilet
goods
toilet
goods
gardner
challenge
made
decided
respect
individuals
right
sue
relied
upon
ed
according
secretary
labor
made
entertainment
suit
contrary
congress
incorporation
state
system
administration
trade
act
affront
integrity
authority
state
courts
quoting
brief
respondent
automobile
workers
dissent
asserts
respondent
reply
memorandum
district
motion
within
meaning
rule
obviously
district
committed
reversible
error
failing
construe
way
post
agree
rule
establishes
clear
distinction
requests
motions
one
converted
without
violating
provisions
least
converted
basis
lax
criteria
conversion
marginally
permissible
positively
mandatory
present
case
rule
allows
cause
shown
discretion
grant
request
extension
time
whether
request
made
without
motion
notice
provided
request
made
time
filing
expires
time
filing
expired
however
cause
shown
discretion
may
extend
time
upon
motion
treat
requests
motions
indeed
treated
way
eliminate
distinction
filings
rule
painstakingly
draws
surely
request
even
permissibly
treated
motion
must
contain
high
degree
formality
precision
putting
opposing
party
notice
motion
issue
therefore
respond
request
much
either
characteristic
formality
even
made
separate
filing
separate
appearance
contained
single
sentence
end
first
paragraph
one
footnotes
memorandum
law
district
judges
must
read
footnotes
new
care
reversed
failing
recognize
motions
buried
fashion
precision
request
ask
particular
extension
time
days
days
specifically
ask
extension
time
merely
said
respondent
given
adequate
opportunity
supplement
record
even
moreover
requested
much
less
moved
unconditionally
intends
reverse
prior
ruling
regarding
nwf
standing
record
doc
think
quite
impossible
agree
dissent
district
judge
might
treat
request
motion
compelled
justice
blackmun
justice
brennan
justice
marshall
justice
stevens
join
dissenting
view
affidavits
peggy
kay
peterson
richard
loren
erman
conjunction
record
evidence
district
motions
summary
judgment
sufficient
establish
standing
national
wildlife
federation
federation
nwf
bring
suit
also
conclude
district
abused
discretion
refusing
consider
supplemental
affidavits
filed
hearing
parties
summary
judgment
therefore
affirm
judgment
appeals
federation
asserted
injury
case
rested
upon
claim
government
actions
challenged
lead
increased
mining
public
lands
mining
result
damage
environment
recreational
opportunities
nwf
members
consequently
diminished
abundant
record
evidence
supported
federation
assertion
lands
newly
opened
mining
mining
fact
occur
similarly
record
furnishes
ample
support
nwf
contention
mining
activities
expected
cause
severe
environmental
damage
affected
lands
district
held
however
federation
adequately
identified
particular
members
harmed
consequences
government
actions
although
two
nwf
members
expressly
averred
recreational
activities
impaired
district
concluded
affiants
identified
sufficient
precision
particular
sites
injuries
occurred
majority
like
district
holds
averments
peterson
erman
insufficiently
specific
withstand
motion
summary
judgment
although
affidavits
models
precision
believe
adequate
least
create
genuine
issue
fact
organization
injury
points
showing
whether
standing
merits
required
overcome
motion
summary
judgment
extensive
required
context
motion
dismiss
principal
difference
former
context
evidence
required
latter
setting
litigant
may
rest
upon
allegations
complaint
see
celotex
catrett
federal
rule
civil
procedure
requires
nonmoving
party
go
beyond
pleadings
addition
rule
requires
party
opposing
summary
judgment
must
set
forth
specific
facts
showing
genuine
issue
trial
emphasis
added
thus
courts
appeals
reiterated
conclusory
allegations
unsupported
specific
evidence
insufficient
establish
genuine
issue
fact
requirement
evidence
submitted
satisfied
federation
offered
sworn
statements
two
members
remains
question
whether
allegations
affidavits
sufficiently
precise
satisfy
requirements
rule
line
demarcation
specific
conclusory
allegations
hardly
bright
one
mind
allegations
contained
peterson
erman
affidavits
context
record
whole
adequate
defeat
motion
summary
judgment
affidavits
majority
acknowledges
least
sufficiently
precise
enable
bureau
land
management
blm
officials
identify
particular
termination
orders
affiants
referred
see
ante
affiants
averred
recreational
use
aesthetic
enjoyment
federal
lands
continue
adversely
affected
fact
unlawful
actions
bureau
department
app
pet
cert
erman
affidavit
peterson
affidavit
question
emphasized
whether
nwf
proved
standing
bring
action
simply
whether
materials
district
established
genuine
issue
trial
see
rule
concerning
federation
standing
light
principle
summary
judgment
inferences
drawn
underlying
facts
contained
evidentiary
materials
must
viewed
light
favorable
party
opposing
motion
diebold
believe
evidence
district
raised
genuine
factual
issue
nwf
standing
sue
contrary
conclusion
compelled
fact
peterson
alleged
uses
federal
lands
vicinity
south
mountain
wyoming
app
pet
cert
rather
averring
uses
precise
tract
recently
opened
mining
agency
repeatedly
referred
south
mountain
area
describing
region
newly
opened
mining
peterson
assertion
use
enjoyment
federal
lands
adversely
affected
agency
decision
permit
extensive
mining
appeals
stated
national
wildlife
federation
burford
app
meaningless
perjurious
lands
uses
include
harmed
mining
undertaken
pursuant
termination
order
read
particular
assertions
within
affidavit
light
document
whole
majority
might
put
world
apart
presuming
facts
neither
stated
implied
simply
without
plaintiff
lack
standing
peterson
erman
affidavits
doubtless
artfully
drafted
definitely
sufficient
withstand
federal
parties
summary
judgment
motion
ii
also
conclude
district
abused
discretion
refusing
consider
supplemental
affidavits
filed
nwf
hearing
summary
judgment
motion
decision
abruptly
derailed
federation
lawsuit
three
years
proceedings
involving
massive
time
expense
district
appeals
concluded
nwf
claims
sufficiently
substantial
warrant
entry
nationwide
injunction
whatever
ultimate
merits
federation
claims
litigation
magnitude
aborted
technical
grounds
result
legitimately
avoided
majority
approach
reflects
insufficient
appreciation
realities
complex
litigation
admonition
federal
rules
civil
procedure
shall
construed
secure
speedy
inexpensive
determination
every
action
rule
requirement
technical
course
mean
need
obeyed
appeal
spirit
federal
rules
insufficient
basis
ignoring
import
text
rules
imposed
absolute
deadline
submission
evidentiary
materials
district
faulted
strictly
enforcing
deadline
even
though
result
particular
case
might
unfortunate
acknowledges
rules
expressly
permit
district
exercise
discretion
deciding
whether
affidavits
opposition
summary
judgment
motion
may
submitted
hearing
district
power
accept
untimely
affidavits
recognized
question
whether
power
exercised
particular
instance
must
answered
reference
explanation
litigant
omission
purposes
rules
designed
serve
view
nwf
showed
adequate
cause
failure
file
supplemental
affidavits
prior
hearing
moreover
organization
untimely
filing
way
disserved
purposes
rule
federal
parties
suffered
prejudice
consequence
delay
circumstances
believe
district
refusal
consider
submissions
constituted
abuse
discretion
federal
rules
require
affidavits
opposition
motion
ordinarily
must
served
least
one
day
prior
hearing
rules
provide
however
affidavits
may
filed
later
time
failure
act
result
excusable
neglect
rule
see
supra
prior
july
hearing
parties
summary
judgment
nwf
assured
repeatedly
prior
submissions
sufficient
establish
standing
sue
memorandum
opinion
granting
federation
motion
preliminary
injunction
district
stated
continue
find
irreparable
injury
plaintiff
reaffirm
plaintiff
standing
bring
action
national
wildlife
federation
burford
dc
later
year
federal
parties
sought
additional
discovery
question
standing
nwf
sought
quash
discovery
arguing
bar
additional
discovery
issue
already
found
plaintiff
standing
plaintiff
already
produced
affidavits
demonstrate
standing
therefore
additional
discovery
unreasonably
cumulative
duplicative
burdensome
expensive
within
meaning
rule
contrary
government
defendants
apparent
theory
plaintiff
need
demonstrate
injury
every
action
part
program
memorandum
points
authorities
support
plaintiff
motion
quash
protective
order
july
alternative
nwf
argued
additional
discovery
standing
ordered
confined
requirement
limited
number
additional
affidavits
submitted
district
july
granted
full
federation
motion
quash
ordered
discovery
plaintiff
members
officers
employees
agents
servants
attorneys
shall
permitted
subsequent
order
app
pet
cert
district
grant
preliminary
injunction
subjected
appellate
review
appeals
concluded
peterson
erman
affidavits
provide
concrete
indication
federation
members
use
specific
lands
covered
agency
program
adversely
affected
agency
actions
national
wildlife
federation
burford
app
majority
statement
litigant
never
justified
assuming
made
mind
expresses
effect
ante
therefore
simply
irrelevant
present
case
district
appeals
repeatedly
indicated
federation
offered
sufficient
evidence
standing
district
order
june
scheduling
motion
hearing
following
july
place
nwf
notice
claim
standing
might
reconsidered
order
made
clear
hearing
consider
summary
judgment
motions
federal
parties
federation
principal
submission
federal
parties
relevant
hearing
defendants
memorandum
opposition
plaintiff
motion
summary
judgment
support
defendants
motion
summary
judgment
dissolution
preliminary
injunction
issued
february
memorandum
filed
september
memorandum
included
pages
devoted
standing
half
discussion
set
forth
federal
parties
claim
broad
programmatic
challenge
succeed
even
peterson
erman
affidavits
adequately
alleged
injury
government
decisions
particular
tracts
land
moreover
even
attack
peterson
erman
affidavits
purport
show
summary
judgment
federal
parties
entered
ground
federation
lacked
standing
rather
federal
parties
argued
principally
summary
judgment
nwf
inappropriate
genuine
factual
dispute
existed
federation
standing
sue
see
defendants
memorandum
fact
memorandum
included
two
sentences
arguing
federal
parties
awarded
summary
judgment
standing
grounds
district
decision
schedule
hearing
parties
summary
judgment
provided
hint
previous
assurances
concerning
standing
open
reconsideration
certainly
federation
submitted
additional
evidentiary
materials
support
claim
standing
even
though
reason
believe
submissions
necessary
hardly
enhance
efficiency
adjudicative
process
encourage
litigants
reargue
questions
previously
settled
favor
view
nwf
established
sufficient
cause
failure
submit
supplemental
affidavits
prior
hearing
moreover
district
refusal
consider
additional
submissions
case
significantly
advance
interests
rule
designed
serve
rule
requires
affidavits
opposition
motion
summary
judgment
must
served
prior
day
hearing
courts
appeals
consistently
recognized
however
rule
necessarily
contemplate
oral
hearing
rather
advance
notice
adverse
party
motion
materials
support
opposition
motion
taken
advisement
trial
certain
day
satisfies
notice
hearing
dictates
rule
moore
florida
rule
requirement
summary
judgment
motion
filed
days
advance
scheduled
hearing
serves
ensure
nonmoving
party
afforded
adequate
notice
motion
similarly
requirement
opposing
affidavits
submitted
prior
day
hearing
reflects
fact
district
may
rule
summary
judgment
motion
hearing
time
thereafter
submission
affidavits
prior
day
thus
essential
moving
party
assured
opportunity
respond
time
response
meaningful
requirement
also
allows
district
establish
deadline
time
evidence
arguments
must
submitted
thereafter
may
deliberate
assurance
subsequent
filings
alter
terms
dispute
pressing
concerns
hearing
summary
judgment
motion
represents
parties
last
opportunity
set
forth
legal
arguments
present
case
however
district
concluded
july
hearing
requesting
supplemental
briefing
issue
standing
nwf
supplemental
affidavits
filed
august
attachment
legal
memorandum
submitted
time
federal
parties
ample
opportunity
respond
indeed
opportunity
respond
days
far
greater
case
nwf
filed
timely
affidavits
day
hearing
supplemental
briefing
allowed
affidavits
moreover
filed
well
time
case
taken
advisement
record
case
voluminous
currently
filling
six
large
boxes
consideration
five
affidavits
added
significantly
complexity
issues
district
circumstances
submission
supplemental
affidavits
neither
disserved
purposes
rule
prejudiced
federal
parties
respect
district
discussed
none
factors
explaining
refusal
consider
supplemental
affidavits
indeed
district
offered
justification
action
beyond
assertion
affidavits
untimely
similarly
today
fails
assess
district
action
reference
excuse
nwf
untimely
filing
absence
prejudice
federal
parties
district
today
majority
fail
recognize
guiding
principle
federal
rules
civil
procedure
principle
procedural
rules
construed
pragmatically
ensure
efficient
resolution
legal
disputes
provisions
rules
strip
district
courts
discretion
courts
choice
enforce
requirements
scrupulous
precision
rules
expressly
confer
range
discretion
district
may
abuse
authority
refusing
take
account
equitable
concerns
even
action
violates
express
command
view
abuse
discretion
occurred
iii
part
ante
majority
sets
forth
long
abstract
discussion
scope
relief
might
awarded
federation
made
sufficient
showing
injury
environmental
damage
particular
tract
land
since
majority
concludes
portions
opinion
federation
lacks
standing
challenge
land
use
decisions
issue
clear
engages
hypothetical
inquiry
contained
part
event
agree
much
discussion
least
general
outline
administrative
procedure
act
permits
suit
brought
person
adversely
affected
aggrieved
agency
action
cases
agency
action
consist
rule
broad
applicability
plaintiff
prevails
result
rule
invalidated
simply
forbids
application
particular
individual
circumstances
single
plaintiff
long
injured
rule
may
obtain
programmatic
relief
affects
rights
parties
hand
generally
lawful
policy
applied
illegal
manner
particular
occasion
one
injured
thereby
entitled
challenge
applications
rule
application
principles
instant
case
turn
whether
often
bureau
policies
described
program
one
sense
course
question
program
exists
everyone
associated
lawsuit
recognizes
blm
past
decade
attempted
develop
implement
comprehensive
scheme
termination
classifications
withdrawals
real
issue
whether
actions
omissions
nwf
contends
illegal
part
plan
policy
example
agency
published
regulation
stating
environmental
impact
statement
eis
never
developed
prior
termination
classification
withdrawal
nwf
challenge
regulation
constitute
agency
action
reviewing
held
statute
required
pretermination
eis
relief
invalidation
rule
directly
affect
tracts
ones
used
individual
affiants
extreme
applicable
blm
regulation
stated
eis
must
developed
nwf
alleged
administrator
charge
south
mountain
inexplicably
failed
develop
one
nwf
allowed
basis
peterson
affidavit
challenge
termination
florida
ground
administrator
made
mistake
majority
quoting
district
characterizes
bureau
land
management
program
individual
classification
terminations
withdrawal
revocations
ante
see
national
wildlife
federation
burford
dc
majority
offers
argument
support
conclusory
assertion
far
certain
characterization
accurate
one
since
issue
bears
scope
relief
ultimately
awarded
plaintiff
prevail
rather
jurisdiction
district
entertain
suit
allow
district
address
question
remand
iv
since
conclude
peterson
erman
affidavits
provided
sufficient
evidence
nwf
standing
withstand
motion
summary
judgment
district
abused
discretion
refusing
consider
federation
supplemental
affidavits
affirm
judgment
appeals
respectfully
dissent
prior
district
entry
preliminary
injunction
mining
claims
staked
south
mountain
area
alone
app
exhibit
filed
federal
parties
indicated
claims
filed
western
exh
affidavit
joseph
martyak
apr
bureau
land
management
blm
draft
resource
management
impact
statement
lander
resource
area
stated
green
mountain
management
unit
significant
impacts
elk
mule
deer
herds
occur
habitat
losses
caused
oil
gas
activities
next
years
south
pass
management
unit
significant
acreages
lodgepole
pine
forest
aspen
conifer
woodland
habitat
types
disturbed
cause
significant
impacts
moose
elk
gold
mining
activities
continued
erode
habitats
trout
fisheries
lander
moose
herd
beaver
pond
ecosystems
populations
many
wildlife
species
suffer
significant
cumulative
negative
effects
draft
pp
exh
reply
plaintiff
opposition
defendants
motions
stay
pending
appeal
may
blm
mineral
report
issued
june
concluded
mining
associated
activities
adverse
impact
crucial
moose
habitat
deer
habitat
elk
habitat
variety
small
game
bird
species
improvements
campgrounds
well
land
immediate
vicinity
either
damaged
destroyed
activities
make
difficult
blm
manage
forest
production
harvesting
south
pass
area
historical
cultural
resources
identified
either
damaged
destroyed
exh
attached
appendix
plaintiff
national
wildlife
federation
statement
points
authorities
support
standing
proceed
see
may
department
air
force
first
commodity
traders
heinold
commodities
maldonado
ramirez
galindo
precision
american
see
app
declaration
jack
kelly
areas
harmed
threatened
mining
associated
activities
may
extend
well
beyond
precise
location
mining
occurs
see
supra
five
supplemental
affidavits
filed
first
submitted
peggy
kay
peterson
clarification
earlier
affidavit
substantial
portion
lands
use
identical
lands
newly
opened
mining
south
mountain
area
peterson
supplemental
affidavit
app
cadc
peterson
also
asserted
energy
corporation
filed
mine
permit
application
bureau
department
energy
application
tfn
includes
proposal
mine
significant
portion
federal
lands
use
recreational
purposes
aesthetic
enjoyment
affiants
nwf
members
david
doran
merlin
mccolm
stephen
blomeke
ouellette
individuals
identified
termination
orders
opened
mining
particular
tracts
land
used
affiants
recreation
aesthetic
enjoyment
federal
parties
concede
supplemental
affidavits
established
certainty
federation
standing
contend
discovery
might
show
affiants
allegations
untrue
federal
parties
concede
however
supplemental
affidavits
facially
deficient
tr
oral
arg
rule
provides
motion
summary
judgment
filed
adverse
party
prior
day
hearing
may
serve
opposing
affidavits
rule
district
may
permit
affidavits
supplemented
opposed
depositions
answers
interrogatories
affidavits
rule
motion
supported
affidavit
opposing
affidavits
may
served
later
day
hearing
unless
permits
served
time
district
authority
permit
service
time
governed
turn
rule
provides
act
required
performed
specified
time
district
may
upon
motion
made
expiration
specified
period
permit
act
done
failure
act
result
excusable
neglect
see
wright
miller
federal
practice
procedure
ed
rule
gives
extensive
flexibility
modify
fixed
time
periods
found
throughout
rules
whether
enlargement
sought
actual
termination
allotted
time
appeals
discussion
standing
occurred
context
motion
dismiss
therefore
might
assure
nwf
made
sufficient
showing
withstand
motion
summary
judgment
appeals
like
district
also
held
federation
showing
injury
reflected
peterson
erman
affidavits
provided
adequate
basis
preliminary
injunction
second
appeals
panel
concluded
burden
establishing
irreparable
harm
support
request
preliminary
injunction
anything
least
great
burden
resisting
summary
judgment
motion
ground
plaintiff
demonstrate
national
wildlife
federation
burford
app
emphasis
omitted
first
panel
affirmed
district
entry
preliminary
injunction
judge
williams
separate
opinion
concurring
dissenting
stated
specificity
required
standing
allegations
secure
preliminary
injunction
normally
less
required
motion
summary
judgment
app
hearing
fred
disheroon
federal
parties
attorney
argued
length
points
turning
issue
standing
began
portion
argument
observing
perhaps
want
hear
argue
standing
think
imperative
address
context
case
tr
motions
hearing
july
supplemental
affidavits
submitted
attachment
supplemental
legal
memorandum
standing
requested
district
time
submission
nwf
stated
nwf
submitted
declarations
behalf
members
nwf
injured
challenged
actions
federal
defendants
plaintiff
national
wildlife
federation
statement
points
authorities
support
standing
proceed
however
reply
memorandum
issue
nwf
addressed
contention
federal
parties
affidavits
ignored
untimely
filed
nwf
stated
plaintiff
heretofore
relied
previous
rulings
nwf
standing
motion
protective
order
additional
discovery
nwf
argued
standing
already
proven
basis
affidavits
greenwalt
peterson
erman
agreed
entered
requested
protective
order
intends
reverse
prior
ruling
nwf
respectfully
requests
given
adequate
opportunity
supplement
record
plaintiff
national
wildlife
federation
reply
memorandum
support
standing
proceed
federation
also
noted
circuit
precedent
permitted
filing
supplemental
affidavits
standing
issues
even
appeal
citing
national
wildlife
federation
hodel
app
nwf
offered
explanation
peterson
supplemented
affidavit
include
new
information
regarding
mine
application
filed
energy
corporation
includes
proposal
mine
lands
within
area
south
mountain
previously
closed
mining
record
nwf
initially
told
officials
bureau
land
management
energy
mine
application
include
lands
covered
preliminary
injunction
otherwise
nwf
supplemented
peterson
affidavit
earlier
reply
memorandum
along
reply
memorandum
nwf
submitted
additional
filing
entitled
plaintiff
national
wildlife
federation
memorandum
opposition
motion
strike
plaintiff
supplementation
record
filing
stated
reasons
stated
reply
memorandum
page
plaintiff
requests
motion
strike
denied
light
separate
submission
addressed
solely
question
whether
supplemental
affidavits
considered
expressly
referring
reply
memorandum
difficult
fathom
assertion
nwf
request
buried
federation
filings
see
ante
separate
filing
conjunction
reply
memorandum
satisfied
rule
requirement
request
enlargement
time
made
upon
motion
though
neither
filings
expressly
denominated
motion
met
requirements
rule
submitted
writing
signed
counsel
state
particularity
grounds
therefor
unambiguously
set
forth
relief
sought
see
campos
lefevre
particular
form
words
necessary
render
filing
motion
submission
signed
party
may
fairly
read
request
district
exercise
discretionary
powers
suffice
cert
denied
smith
danyo
rule
requires
motion
state
particularity
grounds
upon
based
plainly
affidavit
filed
obtain
order
disqualifying
judge
satisfies
requirements
rule
failure
type
word
motion
word
affidavit
way
detracts
notice
affidavit
gave
nature
application
cf
snyder
smith
federal
rules
construed
liberally
erroneous
nomenclature
motion
bind
party
peril
cert
denied
miller
transamerican
press
construe
motion
however
styled
type
proper
relief
requested
moore
lucas
moore
federal
practice
pp
motion
substance
merely
linguistic
form
determines
nature
legal
effect
accord
allied
chemical
mackay
rule
require
oral
hearing
open
rather
contemplates
notice
party
opposing
motion
adequate
opportunity
respond
movant
arguments
bratt
international
business
machines
district
subsequently
established
schedule
supplemental
briefing
nwf
requested
file
opening
memorandum
august
government
intervenors
file
memoranda
opposition
september
nwf
reply
due
september
order
july
district
mentioned
affidavits
single
plaintiff
addition
memorandum
filed
august
submitted
additional
evidentiary
material
including
declarations
four
members
submissions
untimely
violation
order
decline
consider
see
federal
defendants
reply
plaintiff
statement
points
authorities
support
standing
proceed
national
wildlife
federation
burford
dc
rule
example
generally
gives
district
broad
authority
grant
enlargements
time
establishes
limitation
may
extend
time
taking
action
rules
except
extent
conditions
stated
term
withdrawal
review
program
repeatedly
used
blm
documents
see
plaintiff
exhs
filed
july
oral
argument
summary
judgment
counsel
federal
parties
acknowledged
true
blm
referred
review
process
land
withdrawal
review
program
tr
motion
hearing
july
counsel
went
say
suggest
using
word
calling
program
make
program
sense
challenged
ibid
assertion
though
inelegant
seems
essentially
correct
agency
terminology
decisive
determining
whether
alleged
illegality
systemic
majority
also
suggests
agency
actions
challenged
suit
may
ripe
review
see
ante
since
issue
ripeness
briefed
argued
passed
courts
need
address
note
however
outset
case
federal
parties
made
precisely
opposite
argument
asserting
preliminary
injunction
denied
ground
nwf
claims
barred
laches
federal
parties
contended
federation
offers
explanation
despite
detailed
knowledge
blm
revocation
termination
activities
waited
long
institute
litigation
defendants
memorandum
opposition
plaintiff
motion
preliminary
injunction
also
decline
address
adequacy
affidavit
submitted
lynn
greenwalt
since
appeals
pass
issue