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UTAH SHARED ACCESS ALLIANCE v. U.S. FOREST SERVICE

No. 00-4146.

288 F.3d 1205 (2002)

The UTAH SHARED ACCESS ALLIANCE and Anthony Chatterley, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE and Mary Wagner, in her official capacity as Forest Supervisor of Dixie National Forest, Defendants-Appellees, Southern Utah Wilderness Alliance; The Wilderness Society; American Lands Alliance; Sierra Club, Utah Chapter; Great Old Boards for Wilderness; Wildlands Center for Preventing Roads; and John Galland, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

April 25, 2002.

Attorney(s) appearing for the Case

Kristen L. Cassisa (William Perry Pendley and D. Andrew Wight, Mountain States Legal Foundation, Denver, CO, on the briefs), for Plaintiffs-Appellants.

David C. Shilton, Dept. of Justice, Washington, D.C. (Lois J. Schiffer, Ass't. Attorney General, Environmental & Nat. Resources Division, Paul M. Warner, U.S. Attorney and Stephen Roth, Asst. U.S. Attorney, Salt Lake City, UT; Lisa Jones, Dept. of Justice, Washington, D.C., and Kenneth D. Paur, Office of Gen. Counsel, U.S. Dept. of Agriculture, Ogden, UT, on the briefs), for Defendants-Appellees.

Stephen H.M. Bloch (Heidi J. McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, on the briefs), for Defendants-Intervenors-Appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BROWN, Senior District Judge.

BROWN, Senior District Judge.

This suit involves a decision by the Forest Service to close numerous roads on Boulder Top, a popular recreation area in the Dixie National Forest near Teasdale, Utah. The decision was taken as part of an effort to reduce sedimentation in lakes on Boulder Top. Biologists had observed that sedimentation was contributing to increased winter kill of trout populations in area lakes, and the Forest...

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