KANE COUNTY, UTAH v. U.S.

No. 09-4087.

597 F.3d 1129 (2010)

KANE COUNTY, UTAH, a political subdivision, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellee. Southern Utah Wilderness Alliance, Wilderness Society, Sierra Club, Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 8, 2010.


Attorney(s) appearing for the Case

Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT (Steven H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT; Edward B. Zukoski and Andrea Zaccardi, Earthjustice, Denver, CO, with her on the briefs), for Movants to Intervene-Appellants Southern Utah Wilderness Alliance, Wilderness Society, and Sierra Club.

Shawn T. Welch (Kendra L. Shirey and Janna B. Custer with him on the brief), of Holme, Roberts & Owen LLP, Salt Lake City, UT, for Plaintiff-Appellee Kane County, Utah.

Aaron P. Avila, Attorney, Environment & Natural Resources Division, United States Department of Justice, Washington, DC (John C. Cruden, Acting Assistant Attorney General; Brett L. Tolman, United States Attorney; John K. Mangum, Assistant United States Attorney; James E. Karkut, Office of the Regional Solicitor Department of the Interior, Salt Lake City, UT; Romney S. Philpott, Attorney, Environment & Natural Resources Division, United States Department of Justice, Washington, DC, with him on the brief), for Defendant-Appellee United States.

Before KELLY, EBEL, and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

Southern Utah Wilderness Alliance, The Wilderness Society and the Sierra Club (collectively SUWA) appeal from the district court's denial of their motion to intervene in this action brought by Kane County, Utah, to quiet title to several purported rights-of-way across federal public lands within Kane County. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

Kane County encompasses approximately 1.6 million...

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