State of UTAH; Utah School and Institutional Trust Lands Administration; Utah Association of Counties, Plaintiffs-Appellees,
v.
UNITED STATES DEPARTMENT OF the INTERIOR; Bureau of Land Management; Dirk Kempthorne, in his official capacity as Secretary of the Interior; Kathleen Clarke, Director of Bureau of Land Management, Defendants-Appellees,
Southern Utah Wilderness Alliance; The Wilderness Society; New Mexico Wilderness Alliance; Arizona Wilderness Alliance; Friends of Nevada Wilderness; Colorado Environmental Coalition; Natural Resources Defense Council; Biodiversity Conservation Alliance; California Wilderness Coalition; Idaho Conservation League, Defendants-Intervenors-Appellants.
Independent Petroleum Association of Mountain States, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 4, 2008.
August 4, 2008.
Attorney(s) appearing for the Case
James S. Angell, Earthjustice, Denver, CO (Andrew E. Hartsig, Earthjustice, Denver, CO, and Heidi J. McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the briefs), for Defendants-Intervenors-Appellants.
Todd S. Aagaard, Attorney, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C. (Matthew J. McKeown, Acting Assistant Attorney General, U.S. Department of Justice, Washington, D.C., and Paul B. Smyth, U.S. Department of the Interior, Office of the Solicitor, Washington, D.C., with him on the brief), for Defendants-Appellees.
Constance E. Brooks, C.E. Brooks & Associates P.C., Denver, CO (Michael Marinovich, C.E. Brooks & Associates P.C., Denver, CO; John W. Andrews, Special Assistant Attorney General for the Utah School and Institutional Trust Lands Administration, Salt Lake City, UT; and Richard K. Rathbun, Assistant Attorney General and Mark Shurtleff, Attorney General for the State of Utah, Salt Lake City, UT, with her on the briefs), for Plaintiffs-Appellees.
Andrew Bremmer, Independent Petroleum Association of Mountain States, Denver, CO, filed an amicus curiae brief on behalf of the appellees.
Before LUCERO, HARTZ, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LUCERO, Circuit Judge.
This case began in 1996 when the State of Utah, the Utah School and Institutional Trust Lands Administration, and the Utah Association of Counties (collectively "Utah") filed suit against the United States Department of the Interior and the Bureau of Land Management (collectively "BLM"), challenging the inventory, classification, and management of certain types of BLM and Utah state trust lands. See generally Utah v. Babbitt,...
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