THE WILDERNESS SOC. v. KANE COUNTY, UTAH

No. 08-4090.

632 F.3d 1162 (2011)

THE WILDERNESS SOCIETY; 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, James Baca, Former Directors of the Bureau of Land Management; Natural Resources and Public Lands Law Professors; State of Utah; Sierra Club; National Parks Conservation Association; National Senior Citizens Law Center, AARP, and National Health Law Program, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 11, 2011.


Attorney(s) appearing for the Case

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

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

Michael S. Lee , Howrey LLP, and Thomas R. Lee , Provo, UT, filed a brief on behalf of Amicus Curiae, Utah Association of Counties.

Elizabeth S. Merritt , Michael D. Smith , Alexander Hays , V., National Trust for Historic Preservation in the United States, Washington, D.C., filed a brief on behalf of Amicus Curiae, National Trust for Historic Preservation.

W. Cullen Battle , Fabian & Clendenin, Salt Lake City, UT, filed a brief on behalf of Amicus Curiae, Patrick A. Shea , James Baca , and Michael P. Dombeck , Former Directors of the Bureau of Land Management.

Sarah Krakoff , University of Colorado Law School, filed a brief on behalf of the following Amicus Curiae Natural Resources and Public Lands Law Professors; Robert W. Adler , University of Utah, S.J. Quinney College of Law, Eric Biber , University of California, Berkeley, Bret C. Birdsong , William S. Boyd School of Law, University of Nevada, Las Vegas, Michael C. Blumm , Lewis and Clark Law School, Joe Feller , Arizona State University, Dale Goble , University of Idaho, Robert B. Keiter , University of Utah, S.J. Quinney College of Law, Christine A. Klein , University of Florida Levin College of Law, Amanda C. Leiter , The Catholic University of America, Columbus School of Law, John D. Leshy , University of California, Hastings College of Law, James R. Ray , University of Colorado Law School, Mark Squillace , University of Colorado Law School.

Charles Wilkinson , University of Colorado Law School, and Sandra Zeller , University of Nebraska College of Law.

Harry Souvall , Assistant Utah Attorney General, ( Mark L. Shurtleff , Utah Attorney General with him of the brief) filed a brief on behalf of Amicus Curiae State of Utah.

Eric E. Huber , Boulder, CO, filed a brief on behalf of Amicus Curiae Sierra Club.

W. Cullen Battle , Fabian & Clendenin, Salt Lake City, UT filed a brief on behalf of Amicus Curiae National Parks Conservation Association.

Rochelle Bobroff , Herbert Semmel Federal Rights Project, filed a brief on behalf of Amicus Curiae National Senior Citizens Law Center, AARP, and National Health Law Program.

Before BRISCOE, Chief Circuit Judge, HOLLOWAY, TACHA, KELLY, LUCERO, MURPHY, HARTZ, O'BRIEN, TYMKOVICH, GORSUCH, HOLMES and MATHESON, Circuit Judges.


PAUL KELLY, JR., Circuit Judge, joined by TACHA, MURPHY, HARTZ, TYMKOVICH, and HOLMES, Circuit Judges.

We granted rehearing en banc to consider several issues in this suit challenging a local government's rights of way over federal lands in southern Utah. The Wilderness Society and other environmental groups (collectively "TWS") brought this action challenging Kane County's assertion of R.S. 2477 rights of way over federal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases