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STEWART v. KEMPTHORNE

Civil No. 2:06CV209 TC.

593 F.Supp.2d 1240 (2008)

Trevor D. STEWART, Todd Phillips, Joe Phillips, H. Dell LeFevre, Worth W. Brown, James N. Brown, and William F. Alleman, Plaintiffs, v. Dirk KEMPTHORNE, Secretary of the U.S. Department of the Interior, United States Department of the Interior, Bureau of Land Management, and Brad Exton, Manager of the Grand Staircase Escalante National Monument, Defendants, Grand Canyon Trust, et al., Interveners.

United States District Court, D. Utah, Central Division.

January 7, 2008.

Attorney(s) appearing for the Case

Karen Budd-Falen, Brandon L. Jensen, Budd-Falen Law Offices LLC, Cheyenne, WY, Lloyd D. Rickenbach, Rickenbach Ranch, Koosharem, UT, for Plaintiffs.

Jared C. Bennett, U.S. Attorney's Office, Salt Lake City, UT, for Defendants.

W. Cullen Battle, Fabian & Clendenin, Salt Lake City, UT, Hillary M. Hoffmann, Burlington, VT, for Interveners.

ORDER AND MEMORANDUM DECSION AS TO PLAINTIFFS' ADMINISTRATIVE PROCEDURE ACT CLAIMS

TENA CAMPBELL, Chief Judge.

On November 2, 2007, this Court heard oral argument by the parties regarding Plaintiffs' claims arising under the Administrative Procedure Act ("APA") challenging the January 26, 2006 decision of the Department of the Interior's Administrative Law Judge ("ALJ"), James H. Heffernan. The ALJ, who decides matters as fully and finally as...

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