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    The Sierra Club appeals a district court order that set aside a decision by the Interior Board of Land Appeals (IBLA). The IBLA decision vacated "findings of no significant impact" by the Bureau of Land Management (BLM) and directed the BLM to do further environmental analysis. The appellate court concludes that the IBLA decision did not constitute "final agency action" and did not affect the legal relationship between parties. As a result, the district court lacked jurisdiction to review the IBLA decision. The appellate court dismisses the appeal and remands with instructions to dismiss the original complaint as not ripe for judicial review.

    Original Description:

    Filed: 1993-11-24 Precedential Status: Precedential Citations: 13 F.3d 405 Docket: 92-4162

    Original Title

    Garfield County, a Political Subdivision of the State of Utah v. Sierra Club, Intervenor-Defendant-Cross-Claimant-Appellee, National Parks and Conservation Association, a Nonprofit Organization Southern Utah Wilderness Alliance, a Utah Nonprofit Corporation, Intervenors-Defendants-Appellees v. Manuel Lujan, in His Capacity as Secretary of the United States Department of the Interior Department of Interior of the United States, Intervenors-Defendants-Cross- Claim-Defendants-Appellees, 13 F.3d 405, 10th Cir. (1993)

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    The Sierra Club appeals a district court order that set aside a decision by the Interior Board of Land Appeals (IBLA). The IBLA decision vacated "findings of no significant impact" by the Bureau of Land Management (BLM) and directed the BLM to do further environmental analysis. The appellate court concludes that the IBLA decision did not constitute "final agency action" and did not affect the legal relationship between parties. As a result, the district court lacked jurisdiction to review the IBLA decision. The appellate court dismisses the appeal and remands with instructions to dismiss the original complaint as not ripe for judicial review.

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    Public Domain
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    5 views2 pages

    United States Court of Appeals, Tenth Circuit

    Uploaded by

    Scribd Government Docs
    The Sierra Club appeals a district court order that set aside a decision by the Interior Board of Land Appeals (IBLA). The IBLA decision vacated "findings of no significant impact" by the Bureau of Land Management (BLM) and directed the BLM to do further environmental analysis. The appellate court concludes that the IBLA decision did not constitute "final agency action" and did not affect the legal relationship between parties. As a result, the district court lacked jurisdiction to review the IBLA decision. The appellate court dismisses the appeal and remands with instructions to dismiss the original complaint as not ripe for judicial review.

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    of 2

    13 F.

    3d 405
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    GARFIELD COUNTY, a political subdivision of the State of


    Utah, Plaintiff-Appellee,
    v.
    SIERRA CLUB, Intervenor-Defendant-Cross-ClaimantAppellee,
    NATIONAL PARKS AND CONSERVATION
    ASSOCIATION, a nonprofit
    organization; Southern Utah Wilderness Alliance,
    a Utah nonprofit corporation,
    Intervenors-Defendants-Appellees,
    v.
    Manuel LUJAN, in his capacity as Secretary of the United
    States Department of the Interior; Department of
    Interior of the United States,
    Intervenors-Defendants-CrossClaim-Defendants-Appellees.
    Nos. 92-4162, 92-4171.

    United States Court of Appeals,


    Tenth Circuit.
    Nov. 24, 1993.

    Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

    ORDER AND JUDGMENT1


    1

    The Sierra Club appeals from a district court order setting aside a decision of

    The Sierra Club appeals from a district court order setting aside a decision of
    the Interior Board of Land Appeals (IBLA). We conclude that the IBLA's
    decision, which vacated the "findings of no significant impact" made by the
    Bureau of Land Management (BLM) and directed the BLM to perform further
    environmental analysis, did not constitute "final agency action" because it did
    not "impose an obligation, deny a right or fix some legal relationship" between
    Garfield County and the Department of the Interior. Ash Creek Mining Co. v.
    Lujan, 934 F.2d 240, 243 (10th Cir.1991) (quoting Chicago & S. Air Lines, Inc.
    v. Waterman S.S. Corp., 333 U.S. 103, 113 (1948)). Thus, the district court
    lacked jurisdiction to review the IBLA's decision. See 5 U.S.C. 704. We
    therefore DISMISS this appeal and REMAND with directions to dismiss the
    County's complaint as not ripe for judicial review.

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.
    R. 36.3

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