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,
v.
Manuel LUJAN, 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, and Garfield County, a political subdivision of the State of Utah, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 18, 1991.
November 18, 1991.
Attorney(s) appearing for the Case
Wayne G. Petty of Moyle & Draper, P.C., Salt Lake City, Utah (Michael F. Heyrend, Salt Lake City, Utah, Lori Potter, Sierra Club Legal Defense Fund, Inc., Denver, Colo., and William J. Lockhart, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellants.
Robert L. Klarquist, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C. (Myles E. Flint, Deputy Asst. Atty. Gen., Washington, D.C., Dee V. Benson, U.S. Atty., Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, and Edward J. Shawaker, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C., with him on the brief), for defendants-appellees Manuel Lujan, Secretary of the Dept. of the Interior, Dept. of the Interior and Bureau of Land Management.
Ronald W. Thompson of Thompson, Hughes & Reber, St. George, Utah (Wallace A. Lee, Garfield Co. Atty., Panguitch, Utah, Barbara G. Hjelle of Thompson, Hughes & Reber, St. George, Utah, with him on the brief), for defendant-appellee Garfield County.
Before TACHA and SETH, Circuit Judges, and BRATTON, District Judge.
United States Court of Appeals, Tenth Circuit.
SETH, Circuit Judge.
In this appeal we revisit the Burr Trail in southern Utah for a second look at Garfield County's proposal to widen the western twenty-eight miles of the road. In Sierra Club v. Hodel,848 F.2d 1068 (10th Cir. 1988), we determined that there was major federal action and ordered the district court to remand the case to the Bureau of Land Management (BLM) for an environmental assessment (EA) to be prepared...
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