No. 02-1590 Mountain States Legal Foundation, et al., Petitioners V. George W. Bush President of the United States, Et Al.
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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.
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2012-01-07
