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Norton v. Southern Utah Wilderness Alliance

Docket No.: 03-101
Certiorari Granted: Nov 3 2003
Argued: March 29, 2004
Decided: June 14, 2004

Topics:

Administrative Procedure, or Administrative Orders Review, Economic Activity, Judicial Power, Judicial Review, Natural Resources, Administrative Procedure, Bureau of Land Management, EPA, Eighth Amendment, Natural Resources, Section 1983, abuse of discretion, habeas, habeas corpus, judicial review, preliminary injunction, separation of powers

PartyNames: Gale Norton, Secretary of the Interior, et al. v. Southern Utah Wilderness Alliance, et al.
Petitioner: Gale Norton, Secretary of the Interior, et al.
Respondent: Southern Utah Wilderness Alliance, et al.

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: CA 10, 301 F.3d 1217. QUESTION PRESENTED: Whether the authority of the federal courts under the AdministrativeProcedure Act, 5 U.S.C. 706(1), to "compel agency action unlawfully withheld or unreasonably delayed" extends to review of the adequacy of an agency'songoing management of public lands un der general statutory standards and its own land use plans. CERT. GRANTED: 11/3/03
Supreme Court Docket

Gale Norton, Secretary of the Interior, et al.
v.
Southern Utah Wilderness Alliance, et al.
542 U.S. 55 (2004)
Question Presented:

Whether the authority of the federal courts under the AdministrativeProcedure Act, 5 U.S.C. 706(1), to "compel agency action unlawfully withheld or unreasonably delayed" extends to review of the adequacy of an agency'songoing management of public lands un der general statutory standards and its own land use plans. CERT. GRANTED: 11/3/03

Question:

Does section 706 (1) of the Administrative Procedure Act authorize federal courts to review the management of public lands under statutory standards and the land use plans of the Bureau of Land Management?

Note:

. CA 10, 301 F.3d 1217.

Norton v. Southern Utah Wilderness Alliance
ORAL ARGUMENT

March 29, 2004

Holding: reversed and remanded
Decision: Decision: 9 votes for Norton, 0 vote(s) against
Vote: 9-0
Opinion By: Justice Antonin Scalia

Norton v. Southern Utah Wilderness Alliance
Case Documents

1Opinion in Norton v. Southern Utah Wilderness Alliance
2Slip Opinion in Norton v. Southern Utah Wilderness Alliance
3Opinion in Norton v. Southern Utah Wilderness Alliance
Additional documents for this case are pending review.