SOUTHERN UTAH WILDERNESS v. DEPT. OF INTERIOR

No. 21-4073.

44 F.4th 1264 (2022)

SOUTHERN UTAH WILDERNESS ALLIANCE; the Wilderness Society; National Parks Conservation Association; Sierra Club, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the INTERIOR; United States Bureau of Land Management; Ahmed Mohsen, in his official capacity as Color Country District Manager, Defendants-Appellees, and State of Utah; Garfield County, Intervenor Defendants-Appellees. Natural Resources and Administrative Law Professors, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 16, 2022.


Attorney(s) appearing for the Case

Michelle White of Southern Utah Wilderness Alliance ( Stephen H.M. Bloch of Southern Utah Wilderness Alliance, and Trevor J. Lee of Manning Curtis Bradshaw & Bednar PLLC, with her on the brief), Salt Lake City, Utah for Plaintiffs-Appellants.

James Maysonett , Attorney ( Todd Kim , Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, with him on the brief), Washington, D.C. for Defendants-Appellees.

Kaitlin T. Davis , Assistant Attorney General ( Sarah Goldberg , Assistant Solicitor General, and Sean D. Reyes , Utah Attorney General, on the brief), Salt Lake City, Utah for Defendants-Intervenors-Appellees.

Hillary M. Hoffman of Vermont Law School, South Royalton, Vermont; Gregor MacGregor of University of Colorado Law School, Boulder, Colorado; and Eric Biber of Berkeley Law School, Berkeley, California, filed an amicus curiae brief for Plaintiffs-Appellants.

Before HOLMES, PHILLIPS, and CARSON, Circuit Judges.


The Burr Trail is a scenic 66-mile road across federal land located in Garfield County, Utah. In 2018, Garfield County sought to chip-seal a 7.5-mile portion of the Burr Trail known as the Stratton Segment.1 Before Garfield County could begin its chip-sealing project, it was legally required...

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