ELR Citation: ELR 20083
No(s). s. 07-4207, -4014 (10th Cir. Apr 13, 2009)

The Tenth Circuit held that a lower court properly dismissed claims challenging the U.S. Department of the Interior's (DOI's) land management plan for the Grand Staircase-Escalante National Monument. Various local government entities argued that the plan violated county water rights and certain rights-of-way used for public highways. But the plaintiffs' allegations failed to state a claim upon which relief could be granted under the Administrative Procedure Act (APA). A claim under APA §706(1) can proceed only where a plaintiff asserts that an agency failed to take a discrete agency action that it is required to take. Here, DOI lacks the authority to conclusively resolve their rights-of-way claims. The plaintiffs also argued that the plan's water resource “exception criteria” are unlawful and have impaired their water rights. But the counties failed to allege an actual injury-in-fact resulting from the challenged plan provisions.