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THE WILDERNESS SOCIETY v. KANE COUNTY, UTAH

No. 08-4090.

581 F.3d 1198 (2009)

THE WILDERNESS SOCIETY and Southern Utah Wilderness Alliance, Plaintiffs-Appellees, v. KANE COUNTY, UTAH; Daniel W. Hulet, Mark W. Habbeshaw, and Duke Cox, in their official capacities as Kane County Commissioners, Defendants-Appellants, Utah Association of Counties; National Trust for Historic Preservation; Patrick A. Shea, Michael P. Dombeck, and James Baca, former Directors of the Bureau of Land Management, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 31, 2009.

Attorney(s) appearing for the Case

Michael S. Lee (Shawn T. Welch and Kendra Shirey, Holme Roberts & Owen LLP, Salt Lake City, UT, with him on the briefs), Howrey LLP, Salt Lake City, UT, for Defendants-Appellants.

James S. Angell (Edward B. Zukoski; Heidi J. McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, with him on the briefs), Earthjustice, Denver, CO, for Plaintiffs-Appellees.

Before LUCERO, HOLLOWAY, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

More than 1.6 million acres of federal public land lie within Kane County, Utah, which includes some of the most fragile and picturesque public lands in the United States. This case involves a dispute over alleged but unproven rights of way over these federal lands created by a Reconstruction-era law known as Revised Statute 2477 ("R.S. 2477"). At base, we face an ordering question: May a county exercise management authority over federal lands...

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