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Utah Shared Access Alliance v. Carpenter

463 F.3d 1125 (2006)

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Utah Shared Access Alliance v. Carpenter

United States Court of Appeals for the Tenth Circuit
463 F.3d 1125 (2006)

CR

Facts

The Box Elder and Grand County Resource Management Plans (RMPs) promulgated under the Federal Land Policy and Management Act of 1976 (FLPMA) designated several areas of federal lands within the State of Utah as open to off-road-vehicle (ORV) use. More recently, however, the Bureau of Land Management (BLM) had temporarily limited or closed access to ORV use on certain lands governed by these RMPs because of environmental concerns. The Utah Shared Access Alliance (USA-ALL) (plaintiff) sued the BLM (defendant), arguing that these closures were improper, because they were de facto amendments to the RMPs without conforming to the public-comment and environmental-review process required by the National Environmental Policy Act of 1969 (NEPA). The district court rejected this challenge, and USA-ALL appealed.

Rule of Law

Issue

Holding and Reasoning (Tacha, J.)

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