 On September 16, 1970, Judge Ozell Miller Trask, joined by Judge John Kilkenny, vacated judgment and remanded, finding that the Club did not have standing to sue because it had made no allegation that it would be affected by Disney's ski resort.Discussing the merits, Judge Trask felt it was within the Secretary's discretion “to make available a vast area of incomparable beauty to more people rather than to have it remain inaccessible except to a rugged few.” Judge Frederick George Hamley concurred, noting that although he thought the Sierra Club had standing to sue, he agreed on the merits that Judge Sweigert's injunction had been an abuse of discretion.The Sierra Club's petition for certiorari was granted and the case was argued before the U.S. Supreme Court on November 17, 1971, with U.S.