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KANE COUNTY, UTAH v. U.S.

No. 18-4122.

928 F.3d 877 (2019)

KANE COUNTY, UTAH, Plaintiff-Appellee, and The State of Utah, Intervenor Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellee. Southern Utah Wilderness Alliance; The Wilderness Society, Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED June 25, 2019.

Attorney(s) appearing for the Case

Chad R. Derum , Manning Curtis Bradshaw & Bednar PLLC ( Jess M. Krannich and Trevor J. Lee , Manning Curtis Bradshaw & Bednar PLLC, and Stephen H.M. Bloch , Southern Utah Wilderness Alliance, with him on the briefs), Salt Lake City, Utah, for Movants-Appellants.

James A. Maysonett , United States Department of Justice, Environment & Natural Resources Division ( Jeffrey Bossert Clark , Assistant Attorney General, and Eric Grant , Deputy Assistant Attorney General, with him of the brief), Washington, D.C., for Defendant-Appellee United States of America.

Shawn T. Welch , Holland & Hart LLP, ( Richard D. Flint and Chelsea J. Davis , Holland & Hart LLP, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellee Kane County, Utah.

Sean D. Reyes , Utah Attorney General, Anthony L. Rampton , Kathy A.F. Davis , and David Halverson , Assistant Attorneys, Utah Attorney General's Office, Salt Lake City, Utah, on the brief for the Intervenor Plaintiff-Appellee The State of Utah.

Before TYMKOVICH, Chief Judge, EBEL, and PHILLIPS, Circuit Judges.

This case comes to us for a third time. This time, we review SUWA's challenge to the district court's denial of its second motion to intervene. SUWA filed this second motion after we reversed the district court's determinations on the width of rights-of-way on three roadways. Responding to the issues now raised, we conclude...

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