STUPAK-THRALL v. GLICKMAN

No. 99-1666.

346 F.3d 579 (2003)

Kathy STUPAK-THRALL, et al., Plaintiffs-Appellants, v. Daniel GLICKMAN, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 3, 2003.


Attorney(s) appearing for the Case

ARGUED: Adam T. Reeves, Mountain States Legal Foundation, Denver, CO, Steven J. Lechner, MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, for Appellants.

Todd S. Kim, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

ON BRIEF: William Perry Pendley, MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, for Appellants.

Mark R. Haag, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Land & Natural Resources Division, Washington, DC, Robert I. Dodge, U.S. Attorney's Office for the Western District of Michigan, Grand Rapids, MI, Judd R. Spray, U.S. Attorney's Office, Marquette, MI, for Defendants-Appellees.

Elizabeth H. Schmiesing, William L. Underwood, FAEGRE & BENSON, Minneapolis, Minnesota, for Amici Curiae.

Before: KEITH, BATCHELDER, and MOORE, Circuit Judges.


OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiffs-Appellants, seeking a declaration that Crooked Lake is not part of the Sylvania Wilderness area and therefore is not within the regulatory authority of the United States Forest Service, appeal the district court's decision dismissing as time-barred their claim against the United States. Because we find that the plaintiffs' claims are untimely and that the government did not waive its right to raise a...

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