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SIERRA CLUB v. HODEL

No. 87-C-0120 A.

737 F.Supp. 629 (1990)

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.

May 16, 1990.

Attorney(s) appearing for the Case

Wayne G. Petty of Moyle & Draper, William J. Lockhart, Univ. of Utah, College of Law, Salt Lake City, Utah, and Lori Potter, Sierra Club Legal Defense Fund, Inc., Denver, Colo., for plaintiffs.

Dee Benson, U.S. Atty., Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, Ronald W. Thompson and Barbara G. Hjelle of Thompson, Hughes & Reber, St. George, Utah, Wallace A. Lee, Garfield County Atty., Panguitch, Utah, for defendants.

MEMORANDUM OPINION & ORDER

ALDON J. ANDERSON, Senior District Judge.

I. BACKGROUND

The case now before the court is part of a continuing controversy which focuses on a county's plans to improve a dirt road in southern Utah, known as the Burr Trail. The Burr Trail covers a distance of approximately 66 miles through Garfield County, Utah. The road extends from the town of Boulder in a southeasterly...

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