No. 02-1590 Mountain States Legal Foundation, et al., Petitioners V. George W. Bush President of the United States, Et Al.

Summary

No. 02-1590

In the Supreme Court of the United States

Mountain States Legal Foundation, Et Al.,

V.

George W. Bush,

President of the United States, Et Al.

To the United States Court of Appeals

Brief for the federal respondent in opposition.

Petitioners have challenged six presidential proclamations designating specified tracts of federal land

as national monuments. In issuing those proclamations, the President acted pursuant to the Antiquities Act of 1906, which authorizes the President, “in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest” situated upon federal land “to be national monuments.” 16 U.S.C. 431. The question

presented is as follows: Whether the court of appeals correctly held that petitioners had failed adequately to preserve their current claim that the challenged proclamations did not comply with the criteria set forth in the Antiquities Act of 1906.

This Resource is Part of the Following Collections

• Antiquities Act -- Its History and Use   •
• Antiquities Act - Congressional Reports, Legal Docs, Law Review Articles

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