SAN JUAN COUNTY, UTAH, a Utah political subdivision, Plaintiff-Appellee,
v.
UNITED STATES of America; Department of Interior; National Park Service, Defendants-Appellees,
Alaska Wilderness League, California Wilderness Coalition, Colorado Environmental Coalition, Colorado Mountain Club, Greater Yellowstone Coalition, National Parks Conservation Association, National Wildlife Refuge Association, New Mexico Wilderness Alliance, San Juan Citizens Alliance, Sierra Club, Southeast Alaska Conservation Council, Wyoming Outdoor Council, State of Utah, Amici Curiae,
Southern Utah Wilderness Alliance, a Utah non-profit corporation; Grand Canyon Trust; The Wilderness Society, Movants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 30, 2005.
August 30, 2005.
Attorney(s) appearing for the Case
Heidi J. McIntosh, Southern Utah Wilderness Alliance (Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT; Edward B. Zukoski, Earthjustice, thjustice, Denver, CO, with her on the briefs), Salt Lake City, UT, for Movants-Appellants.
Aaron P. Avila, (Thomas L. Sansonetti, Assistant Attorney General, Paul M. Warner, United States Attorney, Carlie Christiansen, Assistant United States Attorney, Bruce D. Bernard and John L. Smeltzer, Washington, DC, and G. Kevin Jones, Office of the Solicitor, Salt Lake City, UT, with him on the briefs), Washington, DC, for Defendants-Appellees United States of America, Department of Interior, and National Park Service.
Shawn T. Welch and A. John Davis, Pruitt Gushee, P.C., Salt Lake City, UT, on the brief for Plaintiff-Appellee San Juan County.
Rebecca L. Bernard, Trustees for Alaska, Anchorage, AK, on the brief for Amici Curiae Alaska Wilderness League, California Wilderness Coalition, Colorado Environmental Coalition, Colorado Mountain Club, Greater Yellowstone Coalition, National Parks Conservation Association, National Wildlife Refuge Association, New Mexico Wilderness Alliance, San Juan Citizens Alliance, Sierra Club, Southeast Alaska Conservation Council, and Wyoming Outdoor Council.
Mark L. Shurtleff, Utah Attorney General, Edward O. Ogilvie, Assistant Utah Attorney General and Jaysen R. Oldroyd, Assistant Utah Attorney General, on the brief for Amicus Curiae State of Utah.
Before SEYMOUR, PORFILIO, and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
In this federal quiet title action brought pursuant to 28 U.S.C. § 2409a, San Juan County, Utah ("San Juan") seeks both to quiet title in a right-of-way along a portion of Salt Creek running through the Canyonlands National Park, and a declaratory judgment that the National Park Service ("NPS") cannot use a gate to restrict San Juan's right-of-way. Three conservation groups, the Southern Utah Wilderness Alliance, the Wilderness Society and...
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