The court case was filed by an interest group called the Mountain States Legal Foundation.
Interest groups are discussed in several sections in class. One of the ways such groups can have an impact on public policy is through the courts. A key strategy is to issue test cases, which simply attempts to force the Supreme Court use its power of judicial review to determine whether a law or executive action is in keeping with what the Constitution allows.
The Mountain States Legal Foundation has done so - so far unsuccessfully - against the Antiquities Act which has been used to restrict the ability of industry to have access to mineral resources in the west. They have been involved in a number of other court cases attempting to limit federal agency activity in the west.
Here's a bit from the Wikipedia Page on the group:
MSLF was incorporated in Colorado in 1977 by western business leaders concerned that advocates for constitutional liberties, property rights, and economic activity were not present during important legal battles. Initially created with funding by the National Legal Center and Joseph Coors, MSLF's first president was James G. Watt. On behalf of his corporate sponsors, Watt initiated lawsuits opposingaffirmative action, limiting safety inspection of businesses, and preventing the implementation of reduced utility rates for the elderly.
It's worth noting that James Watt was appointed Secretary of the Interior in President Reagan's Administration. This meant that for a period of time the interest group had control over the executive agency that implemented the laws that affected that group.
For more on the group:
- Their website.
- Huffington Post: Mountain States Legal Foundation.
For related topics:
- Agency - or Regulatory - Capture.
- Test Cases
