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SIERRA CLUB v. HODEL

Civ. No. 87-C-0120 A.

675 F.Supp. 594 (1987)

SIERRA CLUB, a non-profit corporation; National Parks and Conservation Association, a non-profit organization; Southern Utah Wilderness Alliance, a Utah non-profit corporation, and The Wilderness Society, a District of Columbia non-profit corporation, Plaintiffs, v. Donald P. HODEL, in his capacity as Secretary of the United States Department of the Interior; The Department of the Interior of the United States; The Bureau of Land Management; Garfield County, a political subdivision of the State of Utah; and Harper Excavating, Inc., a Utah corporation, Defendants.

United States District Court, D. Utah, C.D.

November 30, 1987.

Attorney(s) appearing for the Case

Wayne G. Petty, Moyle & Draper, Salt Lake City, Utah, Lori Potter, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiffs.

Joseph W. Anderson, Asst. U.S. Atty. for Utah, Salt Lake City, Utah, Patrick Nolan, Panguitch, Utah, Ronald W. Thompson, Thompson, Hughes & Reber, St. George, Utah, for defendants.

MEMORANDUM OPINION AND ORDER

(IN LIEU OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UNDER F.R.C.P. 52a)

ALDON J. ANDERSON, Senior District Judge.

I. INTRODUCTION

The controversy in this case focuses on a county's plans to upgrade a dirt road in southern Utah, known as the Burr Trail. The Burr Trail is a sixty-six mile road running southeasterly from the town of Boulder in central Garfield County to the Bullfrog Basin Marina on Lake Powell...

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