United States Tenth Circuit

In a motorized access advocacy organization's challenge to restrictions on off-road vehicle use in certain parts of Utah, a judgment in favor of the Bureau of Land Management (BLM) is affirmed where: 1) the BLM complied with required procedures under FLPMA and NEPA when it enacted certain restrictions; 2) its decision to close various public lands to ORV use was supported by substantial evidence, and its reasoning for doing so was not implausible; 3) plaintiff lacked standing for its NDAA challenge or for a challenge to the posting of signs encouraging ORV use only on particular trails.

Appellate Information

• Decided 09/20/2006
• Published 09/20/2006

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McWILLIAMS, Senior Circuit Judge, and O'BRIEN, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Paul W. Mortensen, Hanks & Mortensen, P.C., Salt Lake City, UT, appearing for the Plaintiff-Appellant.


• For Appellees:
  
• Jeffrey E. Nelson, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Office of the United States Attorney for the District of Utah, Salt Lake City, UT, appearing for Defendants-Appellees., Eric G. Biber, Earthjustice, Denver, CO, (James S. Angell, Earthjustice, Denver, CO;  Stephen H.M. Bloch, and Heidi J. McIntosh, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the brief), appearing for the Defendants-Intervenors-Appellees.