SW FOUR WHEEL DRIVE v. BUREAU OF LAND MGT

No. 03-2138.

363 F.3d 1069 (2004)

SOUTHWEST FOUR WHEEL DRIVE ASSOCIATION, a New Mexico nonprofit association; Las Cruces Four Wheel Drive Club, a New Mexico unincorporated association, Plaintiffs-Appellants, v. BUREAU OF LAND MANAGEMENT, an agency of the United States Department of the Interior; Amy Leuders, District Manager, Las Cruces District, Bureau of Land Management; United States of America, Defendants-Appellees. The Wilderness Society; New Mexico Wilderness Association, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

April 7, 2004.


Attorney(s) appearing for the Case

Lee E. Peters, of Hubert & Hernandez, P.A., Las Cruces, NM, for Southwest Four Wheel Drive Association, and Las Cruces Four Wheel Drive Club, Plaintiffs-Appellants.

M. Alice Thurston, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, DC (Todd S. Aagaard, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, DC, Thomas L. Sansonetti, Assistant Attorney General, David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM, and Dale Pontius, Office of the Solicitor, Santa Fe, NM, Paul B. Smyth and Wendy S. Dorman, Office of the Solicitor, Department of the Interior, Washington, DC, on the briefs with her), for Bureau of Land Management, Amy Leuders, and United States of America, Defendants-Appellees.

Edward B. Zukoski, of Earthjustice, Denver, CO, for The Wilderness Society and New Mexico Wilderness Association, Intervenors/Appellees.

Before SEYMOUR, Circuit Judge, BALDOCK, Senior Circuit Judge and LUCERO, Circuit Judge.


SEYMOUR, Circuit Judge.

Southwest Four Wheel Drive Association (Southwest) filed suit in federal district court in New Mexico seeking a judgment granting to the public the title to certain roads on federal land. The Bureau of Land Management (BLM) closed the roads at issue after designating the area encompassing them the Robledo Mountains Wilderness Study Area and declaring the area "roadless." The district court dismissed...

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