[CPProt.net] Battle over Grand Staircase National Monument renewed in appeals court

[MSN CPPnet (Ton Cremers)]

Battle over Grand Staircase National Monument renewed in appeals court 


Associated Press
Sept. 15, 2005 05:23 PM 

DENVER - One of the noisiest public-land battles in the West came back to
life Thursday as opponents of the 1.7 million-acre Grand Staircase-Escalante
National Monument in Utah tried to convince a federal appeals court that the
creation of the preserve was illegal.

The Denver-based Mountain States Legal Foundation asked the Denver-based
10th U.S. Circuit Court of Appeals to reverse a lower court ruling last year
that dismissed a lawsuit challenging the monument.

Attorneys for the Department of Justice and the Southern Utah Wilderness
Alliance argued before a three-judge panel that former President Clinton was
within his rights when he invoked the Antiquities Act to create the monument
in south-central Utah in 1996. 

The judges, who didn't indicate when they will rule, questioned Mountain
States' legal standing to sue and whether it could show a direct stake in
the issue. They also asked attorney Jayme Ship what right the foundation
believes was violated.

"I'm just at a complete loss as to what your cause of action is," Judge
David Ebel said.

Ship contended that Clinton was motivated in part to protect wildlife and
other values not covered by the Antiquities Act, depriving the public of
certain uses of the land. She cited as an example a miner who could no
longer explore the area.

Mountain States has argued that Clinton exceeded the scope of the act and
tried to create a de facto federal wilderness, which only Congress can
designate. Clinton's decision angered Utah state and congressional officials
and area residents, who said the monument had locked up public land rich in
coals and other minerals.

The 1906 law allows the president to protect historic and scientific values
threatened by development. President Theodore Roosevelt was the first to use
it, establishing Devil's Tower in Wyoming as a national monument.

Ship also said Clinton violated the act by setting aside more land than
needed for the features he wanted to protect.

The judges, though, replied that Mountain States hasn't said what size the
monument should be or explained why 1.7 million acres is too big.

The state of Utah filed a brief in support of Mountain States' argument that
the monument is too big. The state hasn't suggested new boundaries, saying
that should be decided in federal court.

Lawsuits by Mountain States and the Utah Association of Counties were
consolidated, but the counties didn't join the appeal to the 10th Circuit.

Stephen Bloch, attorney for the Southern Utah Wilderness Alliance, said the
courts have given leeway to presidents in creating national monuments.

U.S. District Judge Dee Benson in Salt Lake City ruled in April 2004 that
Clinton had authority to make the designation.

Bloch disputed the argument that Clinton usurped congressional authority,
noting that Congress has approved funding for the monument through the
years. He added that a miner cited by Mountain States lost his right to
explore the area after the land was set aside because he didn't submit the
proper paperwork.

Roads, visitor centers and oil drilling that were present before the
monument was created are still allowed.

Supporters say the monument, with its towering red rock walls, canyons and
spires, has boosted tourism in an otherwise economically depressed area.

Some area businesses, however, flew their flags at half-staff, schools shut
down and people wore black ribbons the day Clinton signed officially created
the monument.

The state of Utah sued over Clinton's move, but dropped the case in 1998
after the Interior Department agreed to hand over $50 million in cash,
federal minerals and land in return for more than 370,000 acres of state
trust lands in Grand Staircase-Escalante.