SAN JUAN COUNTY, UTAH, a Utah political subdivision, Plaintiff-Appellee,
v.
UNITED STATES of America; Department of Interior; National Park Service, Defendants-Appellees,
Alaska Wilderness League, California Wilderness Coalition, California Environmental Coalition, Colorado Mountain Club, Greater Yellowstone Coalition, National Parks Conservation Association, National Wildlife Refuge Association, New Mexico Wilderness Alliance, San Juan Citizens Alliance, Sierra Club, Southeast Alaska Conservation Council, Wyoming Outdoor Council; State of Utah; Mountain States Legal Foundation; Civil Procedure and Public Lands Law Professors; States of New Mexico, California and Oklahoma; Property Owners for Sensible Roads Policy, Amici Curiae,
Southern Utah Wilderness, Alliance, a Utah non-profit corporation; Grand Canyon Trust; The Wilderness Society, Movants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 2, 2007.
October 2, 2007.
Attorney(s) appearing for the Case
James S. Angell, Earthjustice, Denver, CO (Edward B. Zukoski, Eric G. Biber, Earthjustice, with him on the briefs for Movants-Appellants, and Heidi J. McIntosh, Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, with him on the briefs for Appellant Southern Utah Wilderness Alliance).
Aaron P. Avila, Attorney, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, for Defendants-Appellees, and Shawn T. Welch, Pruitt Gushee, P.C., Salt Lake City, UT, for Plaintiff-Appellee (Sue Ellen Wooldridge, Assistant Attorney General, Paul M. Warner, United States Attorney, Carlie Christensen, Assistant United States Attorney, Bruce D. Bernard and John L. Smeltzer, Attorneys, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, and G. Kevin Jones, Attorney/Advisor, Office of the Solicitor, Department of the Interior, Salt Lake City, UT, with Aaron P. Avila on the briefs for Defendants-Appellees, and A. John Davis, Pruitt Gushee, P.C., with Shawn T. Welch on the briefs for Appellee San Juan County, Utah).
Jayme Ritchie and William Perry Pendley, Mountain States Legal Foundation, Lakewood, CO, filed an amicus curiae brief for Plaintiff-Appellee.
Patrick J. Crank, Wyoming Attorney General, Cheyenne, Wyoming, and Mark L. Shurtleff, Utah Attorney General, Salt Lake City, UT (J. Mark Ward, Edward O. Ogilvie, Jaysen R. Oldroyd, Assistant Attorneys General, and Ralph L. Finlayson, Special Assistant Attorney General, Salt Lake City, UT, with him on the brief) filed an amicus curiae brief for Plaintiff-Appellee and Defendants-Appellees.
Sarah Krakoff, Associate Professor, University of Colorado Law School, Boulder, CO, on behalf of Civil Procedure and Public Lands Law Professors; Michael S. Freeman, Faegre & Benson LLP, Denver, CO, on behalf of Property Owners for Sensible Roads Policy; and Louis R. Cohen, James R. Wrathall, Brian M. Boynton, Theodore C. Liazos, Wilmer, Cutler, Pickering, Hale and Dorr LLP, Washington, DC filed an amicus curiae brief for Movants-Appellants.
Patricia A. Madrid, New Mexico Attorney General, Santa Fe, NM, (Stephen R. Farris and Judith Ann Moore, Assistant Attorneys General, with her on the brief), Bill Lockyer, Attorney General of California, W.A. Drew Edmondson, Attorney General of Oklahoma, Oklahoma City, OK, filed an amicus curiae brief on behalf of the States of New Mexico, California, and Oklahoma, in support of neither party and in support of neither affirmance nor reversal.
Before TACHA, Chief Circuit Judge, SEYMOUR, PORFILIO, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HARTZ, Circuit Judge, joined by HENRY and MURPHY, Circuit Judges, and joined in all but Part IV(B) by SEYMOUR, EBEL, BRISCOE, and LUCERO, Circuit Judges.
We have granted en banc review in this case to resolve difficult issues concerning intervention under Fed.R.Civ.P. 24. Several conservation groups — Southern Utah Wilderness Alliance, The Wilderness Society, and the Grand Canyon Trust (collectively, SUWA) —...
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