SOUTHERN UTAH WILDERNESS ALLIANCE v. NORTON

No. 01-4009.

301 F.3d 1217 (2002)

SOUTHERN UTAH WILDERNESS ALLIANCE, a Utah non-profit corporation; The Wilderness Society, a national non-profit corporation; Sierra Club, a California non-profit corporation; Great Old Broads for Wilderness, a Utah non-profit corporation; Wildlands CPR, a Montana non-profit corporation; Utah Council of Trout Unlimited, a Utah non-profit organization; American Lands Alliance, a national non-profit corporation; and Friends of the Abajos, a Utah nonprofit corporation, Plaintiffs-Appellants, v. Gale NORTON, Secretary, United States Department of the Interior; Nina Rose Hatfield, Acting Director, Bureau of Land Management; and Bureau of Land Management, Defendants-Appellees, State of Utah; San Juan County; Emery County; The School and Institutional Trust Lands Administration; Kane County; Wayne County, Utah; Utah Shared Access Alliance, a Utah non-profit corporation; Blue Ribbon Coalition, an Idaho non-profit corporation; Elite Motorcycle Tours, a Utah corporation; and Anthony Chatterley, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

August 29, 2002.


Attorney(s) appearing for the Case

James S. Angell, Earthjustice Legal Defense Fund, Denver, Colorado (Heidi McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the briefs), for Plaintiffs-Appellants.

Susan Pacholski, Attorney, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, (Eileen Sobeck, Deputy Assistant Attorney General, Washington, D.C.; Paul W. Warner, United States Attorney, Stephen Roth and Jeffrey Nelson, Assistant United States Attorneys, District of Utah, Salt Lake City, UT; and John A. Bryson, Attorney, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, with her on the brief), for Defendants-Appellees.

Paul A. Turcke, Moore, Smith, Buxton, & Turcke, Chartered, Boise, ID, for Intervenors-Appellees.

Ralph L. Finlayson, Assistant Attorney General, Stephen G. Boyden, Assistant Attorney General, Mark L. Shurtleff, Attorney General, and Stephen H. Urquhart, Office of the Attorney General, Salt Lake City, Utah; John W. Andrews, Utah School and Institutional Trust Lands Administration, Salt Lake City, Utah; filed a brief for State, Counties and Trust Land Administration Intervenors-Appellees.

Before EBEL, McKAY, and LUCERO, Circuit Judges.


EBEL, Circuit Judge.

The Southern Utah Wilderness Alliance and a number of other organizations (collectively, SUWA) brought suit in the United States District Court for the District of Utah against the Bureau of Land Management (BLM), alleging, among other claims, that the BLM violated the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. § 1701 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., by not properly managing...

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