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NATURAL RESOURCES DEFENSE COUNCIL v. McCARTHY

No. 20-4064.

993 F.3d 1243 (2021)

NATURAL RESOURCES DEFENSE COUNCIL; Southern Utah Wilderness Alliance; The Wilderness Society, Plaintiffs-Appellants, v. Joelle McCARTHY, in her official capacity as the Richfield field office manager; United States Bureau of Land Management; United States Department of the Interior, Defendants-Appellees. State of Utah, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED April 8, 2021.

Attorney(s) appearing for the Case

Joseph J. Bushyhead , Southern Utah Wilderness Alliance, Salt Lake City, Utah ( Stephen H.M. Block and Laura E. Peterson , Southern Utah Wilderness Alliance, Salt Lake City, Utah; Sharon Buccino , Natural Resources Defense Council, Washington, DC, with him on the briefs), appearing for Appellants.

Andrew M. Bernie , United States Department of Justice, Environment and Natural Resources Division, Washington, DC ( Jonathan D. Brightbill , Principal Deputy Assistant Attorney General, Eric Grant, Deputy Assistant Attorney General, Kevin W. McArdle , United States Department of Justice, Environment and Natural Resources Division, Washington, DC, with him on the briefs), appearing for Appellees.

Before HARTZ, BRISCOE, and CARSON, Circuit Judges.

At issue in this case is whether the Bureau of Land Management (BLM) is required to conduct an environmental analysis under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq., when it re-opens an area that it had temporarily closed to off-highway vehicles (OHVs) pursuant to its authority under...

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