UTAH SHARED ACCESS ALLIANCE v. CARPENTER

No. 05-4009.

463 F.3d 1125 (2006)

UTAH SHARED ACCESS ALLIANCE, a Utah non-profit corporation, Plaintiff-Appellant, v. Glenn CARPENTER, in his capacity as manager of the Salt Lake Field Office of the Bureau of Land Management; Maggie Wyatt, in her capacity as manager of the Moab Field Office of the Bureau of Land Management; Sherwin Sandberg, in his capacity as manager of the Monticello Field Office of the Bureau of Land Management; Jerry Meredith, in his capacity as manager of the Richfield Field Office of the Bureau of Land Management; Sally Wisely, in her capacity as Utah State Director of the Bureau of Land Management; Gale A. Norton, in her capacity as Secretary of the Department of Interior; Bureau of Land Management; Kathleen Clarke, in her capacity as director of the Bureau of Land Management, Defendants-Appellees, Southern Utah Wilderness Alliance, a Utah non-profit corporation; The Wilderness Society; Wildlands CPR, a non-profit corporation; Great Old Broads for Wilderness, a non-profit corporation; Redrock Forests, a Utah non-profit corporation, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

September 19, 2006.


Attorney(s) appearing for the Case

Paul W. Mortensen, Hanks & Mortensen, P.C., Salt Lake City, UT, appearing for the Plaintiff-Appellant.

Jeffrey E. Nelson, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Utah, Salt Lake City, UT, appearing for Defendants-Appellees.

Eric G. Biber, Earthjustice, Denver, CO, (James S. Angell, Earthjustice, Denver, CO; Stephen H.M. Bloch, and Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the brief), appearing for the Defendants-Intervenors-Appellees.

Before TACHA, Chief Circuit Judge, McWILLIAMS, Senior Circuit Judge, and O'BRIEN, Circuit Judge.


TACHA, Chief Circuit Judge.

Plaintiff-Appellant Utah Shared Access Alliance ("USA-ALL") is Utah's largest motorized access advocacy organization. Its members use motorized vehicles, including off-highway or off-road vehicles ("ORVs"), to access lands throughout Utah that are managed by the Bureau of Land Management ("BLM"). After the BLM imposed several restrictions on ORV use in certain parts of the state, USA-ALL filed this lawsuit in the District of Utah under...

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