SOUTHERN UTAH WILDERNESS ALLIANCE v. DABNEY

No. 98-4202.

222 F.3d 819 (2000)

SOUTHERN UTAH WILDERNESS ALLIANCE, a non-profit corporation, Plaintiff-Appellee, v. WALT DABNEY, in his official capacity as superintendent for Canyonlands National Park; Joseph Alston, in his official capacity as superintendent of Glen National Recreation Area; John E. Cook, in his official capacity as Regional Director, Defendants-Appellees, Utah Shared Access Alliance, formerly known as Utah Trail Machine Association; Blue Ribbon Coalition; Hight Desert Multiple Use Coalition; United Four Wheel Drive Associations of U.S. & Canada; Historic Access Recovery Project, Defendants-Intervernors-Appellants, and National Parks and Conservation Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 15, 2000.


Attorney(s) appearing for the Case

Heidi J. McIntosh (Stephen H.M. Bloch with her on the brief), of Southern Utah Wilderness Alliance, Salt Lake City, Utah, for Plaintiff-Appellee.

John T. Stahr, Attorney, Department of Justice (Lori J. Schiffer, Assistant Attorney General; Paul M. Warner, U.S. Attorney; Stephen L. Roth, Assistant U.S. Attorney; Evelyn S. Ying, Attorney, Department of Justice; and K.C. Becker, Attorney Advisor, Office of the Solicitor, Department of the Interior, with him on the brief), for Defendants-Appellees.

David Andrew Wight (William Perry Pendley with him on the brief), of Mountain States Legal Foundation, Denver, Colorado, for Defendants-Intervernors-Appellants.

William J. Lockhart, Salt Lake City, Utah, filed an amicus curiae brief for the National Parks and Conservation Association.

Before SEYMOUR, Chief Judge, BRORBY and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Plaintiff-Appellee Southern Utah Wilderness Alliance ("Wilderness Alliance") challenged portions of a National Park Service ("NPS") backcountry management plan ("BMP") that affected access to areas of Canyonlands National Park in Utah.1 Wilderness Alliance alleged that the BMP violated the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-706; the National Environmental...

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