SIERRA CLUB, a Non-Profit Corporation; National Parks and Conservation Association, a Non-Profit Organization; Southern Utah Wilderness Alliance, a Non-Profit Corporation; and The Wilderness Society, a Non-Profit Corporation, Plaintiffs-Appellants/Cross-Appellees,
v.
Donald P. HODEL, in his capacity as Secretary of the United States Department of the Interior; the Department of the Interior of the United States: The Bureau of Land Management; Garfield County, a Political subdivision of the State of Utah, Defendants-Appellees/Cross-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 6, 1988.
As Amended August 31, 1988.
Opinion on Rehearing August 31, 1988.
Attorney(s) appearing for the Case
Lori Potter, Sierra Club Legal Defense Fund, Inc., Denver, Colo. (Wayne G. Petty of Moyle & Draper, Salt Lake City, Utah, with her on the briefs), for plaintiffs-appellants/cross-appellees.
Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C. (Roger J. Marzulla, Acting Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., Brent D. Ward, U.S. Atty., and Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, with him on the briefs), for defendants-appellees/cross-appellants Donald P. Hodel and Dept. of the Interior: Bureau of Land Management.
Craig C. Halls, San Juan Co. Atty., Monticello, Utah, for amicus curiae San Juan County, Utah.
Ronald W. Thompson of Thompson, Hughes & Reber, St. George, Utah (Patrick Noland, Panguitch, Utah, with him on the briefs) for defendant-appellee/cross-appellant Garfield County, Utah.
Lee Ruck, General Counsel, Nat. Ass'n of Counties, Washington, D.C., and Patrick B. Nolan, Garfield Co. Atty., Panguitch, Utah, for amicus curiae Nat. Ass'n of Counties.
Eric Twelker and Constance E. Brooks of Mountain States Legal Foundation, Denver, Colo., for amicus curiae Mountain States Legal Foundation.
Bill Thomas Peters of Kinghorn, Peters, Probst & Sloan, Salt Lake City, Utah, for amicus curiae Utah Ass'n of Counties.
William J. Lockhart, Salt Lake City, Utah, filed briefs as amicus curiae.
Before LOGAN and SEYMOUR, Circuit Judges, and BARRETT, Senior Circuit Judge.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
I
The Burr Trail winds for sixty-six miles through federally owned land in the rugged, dramatic terrain of southern Utah's Garfield County. Connecting the town of Boulder with Lake Powell's Bullfrog Basin Marina, the road at various points traverses across or next to unreserved federal lands, two wilderness study areas, the Capitol Reef National Park, and the Glen Canyon National Recreation Area. The trail has hosted a variety of uses...
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