Mountain States Legal Foundation V. Bush

The case, Center for Biological Diversity v. Bernhardt, was initiated by the Center for Biological Diversity, a group known for advocating against private property rights — particularly livestock and agriculture. It was their attempt to gain significant new power to influence species recovery plans and block vast tracts of state-managed – and even private – land through endless litigation. Fortunately, the U.S. District Court for the District of Montana saw through their takeover. The court called their legal arguments “circular and therefore unconvincing.” Go to to read the verdict. Like other extremist environmental groups, the CBD often sues to delay the implementation of policies it doesn`t like. Had they succeeded, the CBD would have had countless new opportunities to file such lawsuits by increasing the bureaucratic quagmire and thereby barricading the management of species and the lands that these species actually inhabit or not in federal courts for years, if not decades. While this case directly affected grizzly bears in the lower 48 states, a loss in this case would have opened the door to new litigation involving hundreds of other species. Finally, the Court concluded that “to the extent that [the plaintiffs] seek ultra vires review under the law, [their] complaint and their legal arguments are nothing more than legal findings.” Domestic animal. Annex 10. The court said that since ranchers and farmers in the American West may have lost the use of millions of acres of state-managed pasture, a loss in this case would have financially destroyed the very people who are essential to our nation`s food supply chain. Through legal actions that would cripple agriculture and livestock, the CBD shows that it does not value property rights and does not value the work of heroes in our country`s food supply chain.

MSLF is governed by an Honorary Board of Directors, which also approves all legal actions initiated by MSLF and is assisted in the selection of its disputes by a voluntary litigation board. T92 [10] MSLF employs full-time staff, including lawyers, who handle all litigation involving MSLF. The organization says its annual budget is more than $2 million. [11] 310 U.S. 371, 376-77, 60 pp. 944, 944-45, 84 L.Ed. 1259 (1940) (cited 19 U.S.C. § 1336(a)) (emphasis added).   The law provided only for judicial review of legal matters.

  The court stated that “the method used by the president to resolve the issue [of foreign currency value] cannot be examined either by the Customs and Patent Court of Appeal or by us.”  Id. at 379, 60 S.Ct. at 946.   Similarly, in Dalton v. Spectre, the Court considered a law – the Closure and Realignment of Defence Bases Act of 1990 – that “does not limit the President`s discretion at all.” 511 U.S. 462, 476, 114 S.Ct. 1719, 1728, 128 L.Ed.2d 497 (1994).   Judicial review was not available under the Administrative Procedure Act (“APA”) because the President is not a “body” within the meaning of that Act.  Id. at 469-70, 114 pp.Ct. at 1724-25 (citing Franklin v.

Massachusetts, 505 U.S. 788, 800-01, 112 pp. 2767, 2775-76, 120 L.Ed.2d 636 (1992)).   The court “then assumes, for the sake of reasoning, that certain allegations that the President violated a lawful mandate are subject to judicial review outside the scope of the APA,” id. at 474, 114 p.Ct. at 1727 (citation omitted), but reiterated that “such a review is not possible if the law leaves the decision to the discretion of the President.”  The court ruled, “Whether the president chooses to exercise the discretion granted to him by Congress is beyond our review.”  Id. at 476, 114 S.Ct. at 1726.

Nothing in the documents before us indicates any infirmity of the contested proclamations.   Each proclamation identifies specific objects or sites of historic or scientific interest and gives reasons for designation that comply with the guidelines and requirements of the law.   For example, Proclamation 7320.65 Fed. Reg. at 37,259 states that Ironwood Forest National Monument “contains abundant rock art sites and other archaeological objects of scientific interest.”   and Proclamation 7317, 65 Fed. Reg. at 37,244, states that the 164,000 acres that make up the Canyons of the Ancients National Monument are “the smallest area compatible with proper care and management of objects to be protected.” DENVER – The Mountain States Legal Foundation has won a major legal victory for farmers and ranchers, dealing a devastating blow to the unrealistic anti-livestock agenda of environmental extremists. This is a victory that significantly affects the future of environmental regulation and litigation in the United States. Our consideration of the granting of a motion to dismiss is de novo.  Wilson v. Pena, 79 F.3d 154, 160 n. 1 (D.C.Cir.1996).

  In deciding an application to dismiss an application, the District Court must make all reasonable inferences in favour of the plaintiff, Maljack Prods., Inc. v. Motion Picture Ass`n of Am., Inc., 52 F.3d 373, 374 (D.C.Cir.1995), and may dismiss the action only if it is established beyond a doubt that the plaintiff cannot prove the facts in support of his claim. This would entitle him to a legal remedy.  Conley v. Gibson, 355 U.S. 41, 45-46, 78 pp. 99, 101-02, 2 L.Ed.2d 80 (1957).   Despite the simplified notification standard in Federal Rule of Civil Procedure,8 “the Tribunal is not required to accept the applicants` findings unless those findings are supported by the facts set out in the complaint.   The court may also not accept legal findings in the form of factual allegations. Kowal v.

MCI Communications Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994).   With this standard in mind, we turn to the claims of mountainous states. Go to to read a case summary and other observations.  However, the present case does not allow the Court to carry out an ultra vires review of proclamations, since Mountain States does not rely on sufficient facts to support its ultra vires claim.   Mountain States simply claims in its complaint that the six proclamations in question exceed the president`s powers under the ownership clause and are therefore “unconstitutional and ultra vires.”   Compl. ¶ ¶ 84-104.   We are not entitled to a constitutional property clause because the president has exercised the powers delegated to him under the Antiquities Act, and that law contains understandable principles to guide the president`s actions.   See Whitman v. Am.

Trucking Ass`ns, Inc., 531 U.S. 457, 474, 121 S.Ct. 903, 913, 149 L.Ed.2d 1 (2000);  Dalton, 511 U.S. to 473-74 & n.6, 114 U.S.C. to 1726-27 & n.6.   In response to the administration`s call for the Antiquities Act, Mountain States argued in the district court that the president had included ineligible items in the designation — namely land — while the legislative history of the law suggested, Mountain States asserted that Congress was only targeting rare and discrete artificial objects. such as prehistoric ruins and ancient artifacts, should be designated.   This argument fails legally because of the Supreme Court`s interpretation of the law, which allows the president to designate the Grand Canyon and similar sites as national monuments.   See, for example, Cameron, 252 U.S.

450, 40 p. 410, 64 L.Ed. 659.   And to the extent that mountain states seek ultra vires control under the law, their complaint and legal arguments are merely legal conclusions.   At no time did the mountain States make factual allegations that would prompt further scrutiny of the President`s actions.   On the contrary, the arguments of the mountain states contain only the blunt assertion that the president acted outside the limits of his constitutional and legal powers.   While the court “presumes that all factual allegations contained in the application are true” when considering the dismissal of an application, the court “is not obligated to accept as true a legal finding formulated as a factual allegation.”  Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 2944, 92 L.Ed.2d 209 (1986) (citation omitted).   In addition, the court is necessarily sensitive to pleadings when, as in the present case, it is asked to review the President`s actions under a law that confers on it a very broad discretion and concerns are raised about the separation of powers.

 Dalton, 511 U.S. at 474-76, 114 S.C. at 1727-28;  Bush, 310 U.S. to 380, 60 S.C. to 946-47. MSLF`s office is located in Lakewood, Colorado, near Denver.