THE WILDERNESS SOCIETY; Southern Utah Wilderness Alliance, Plaintiffs-Appellees,
v.
KANE COUNTY, UTAH; Daniel W. Hulet, Mark W. Habbeshaw, and Duke Cox, in their official capacities as Kane County Commissioners, Defendants-Appellants.
Utah Association of Counties; National Trust for Historic Preservation; Patrick A. Shea, Michael P. Dombeck, James Baca, Former Directors of the Bureau of Land Management; Natural Resources and Public Lands Law Professors; State of Utah; Sierra Club; National Parks Conservation Association; National Senior Citizens Law Center, AARP, and National Health Law Program, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Michael S. Lee , Howrey LLP, and Thomas R. Lee , Provo, UT, filed a brief on behalf of Amicus Curiae, Utah Association of Counties.
Elizabeth S. Merritt , Michael D. Smith , Alexander Hays , V., National Trust for Historic Preservation in the United States, Washington, D.C., filed a brief on behalf of Amicus Curiae, National Trust for Historic Preservation.
Harry Souvall , Assistant Utah Attorney General, ( Mark L. Shurtleff , Utah Attorney General with him of the brief) filed a brief on behalf of Amicus Curiae State of Utah.
Eric E. Huber , Boulder, CO, filed a brief on behalf of Amicus Curiae Sierra Club.
W. Cullen Battle , Fabian & Clendenin, Salt Lake City, UT filed a brief on behalf of Amicus Curiae National Parks Conservation Association.
Rochelle Bobroff , Herbert Semmel Federal Rights Project, filed a brief on behalf of Amicus Curiae National Senior Citizens Law Center, AARP, and National Health Law Program.
Before BRISCOE, Chief Circuit Judge, HOLLOWAY, TACHA, KELLY, LUCERO, MURPHY, HARTZ, O'BRIEN, TYMKOVICH, GORSUCH, HOLMES and MATHESON, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PAUL KELLY, JR., Circuit Judge, joined by TACHA, MURPHY, HARTZ, TYMKOVICH, and HOLMES, Circuit Judges.
We granted rehearing en banc to consider several issues in this suit challenging a local government's rights of way over federal lands in southern Utah. The Wilderness Society and other environmental groups (collectively "TWS") brought this action challenging Kane County's assertion of R.S. 2477 rights of way over federal...
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