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SOUTHERN UTAH WILDERNESS ALLIANCE v. KEMPTHORNE

Nos. 06-4251, 07-4223.

525 F.3d 966 (2008)

SOUTHERN UTAH WILDERNESS ALLIANCE; Natural Resources Defense Council; The Wilderness Society, Plaintiffs-Appellees, v. Dirk KEMPTHORNE, Secretary, Department of the Interior; Department of Interior; Bureau of Land Management, Defendants-Appellees. XTO Energy, Inc.; EOG Resources, Inc., Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 12, 2008.

Attorney(s) appearing for the Case

Stephen H.M. Bloch, Esq., Southern Utah Wilderness Alliance (Sharon Buccino, Esq., Natural Resources Defense Council, Washington, DC, with him on the brief), Salt Lake City, UT, for Plaintiffs-Appellees.

Elizabeth Ann Peterson (William B. Lazarus and Ruth Ann Storey with her on the brief), Attorneys, Appellate Section, Environment and Natural Resource Division, United States Department of Justice, Washington, DC, for Defendants-Appellees.

L. Poe Leggette, Fulbright & Jaworski L.L.P., Washington, DC, for Movants-Appellants.

Before MURPHY, McKAY, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

The litigation from which these appeals stem originated when Plaintiff Southern Utah Wilderness Alliance (SUWA) and others challenged a November 2003 decision of Defendant Bureau of Land Management (BLM) to issue oil and gas leases on sixteen parcels of public land in Utah. SUWA's lawsuit, brought pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701-706, affected three leases in which Movants XTO Energy and EOG Resources...

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