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SOUTHERN UTAH WILDERNESS v. OFFICE OF SURFACE MIN.

No. 09-4003.

620 F.3d 1227 (2010)

SOUTHERN UTAH WILDERNESS ALLIANCE, Plaintiff-Appellant, v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, and Bureau of Land Management, Defendants-Appellees, and UtahAmerican Energy, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

September 23, 2010.

Attorney(s) appearing for the Case

Joshua M. Segal, Jenner & Block LLP, Washington, DC, (Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, and William M. Hohengarten, Jenner & Block LLP, Washington, DC, with him on the briefs) for Plaintiff-Appellant.

Jared C. Bennett, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with him on the brief) Office of the United States Attorney, Salt Lake City, UT, for Defendants-Appellees.

With submission on brief by Denise A. Dragoo and Troy L. Booher, Snell & Wilmer L.L.P., Salt Lake City, UT, and John E. Jevicky, Dinsmore & Shohl LLP, Cincinnati, OH, for Intervenor.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Southern Utah Wilderness Alliance (SUWA) fought for many years to prevent the permitting of the proposed Lila Canyon coal mine in Utah. SUWA's members include those who enjoy the aesthetic qualities of the canyon and its surroundings, and believe that allowing coal mining in Lila Canyon would disrupt its natural beauty.

In this appeal, SUWA challenges decisions made by two federal agencies that would allow UtahAmerican Energy, Inc...

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