Environment
In Southern Utah Wilderness Alliance v BLM SUWA was seeking to close some proposed wilderness areas in Utah to off-road vehicles. The Tenth Circuit said in a split decision that the federal court in Utah erred when it decided it lacked the jurisdiction to order the U.S. Bureau of Land Management to close the roads and remanded the case to district court for a de novo trial. The judges rejected the BLM's arguments about the scope of its discretion under federal wilderness laws and its assertion that courts don't have jurisdiction over the agency's daily decisions. The appeals court focused mainly on whether the U.S. District Court in Utah can get involved in the dispute. The appeals court did not address whether allowing off-road vehicle use will harm the proposed wilderness areas. The sites have been declared eligible to be federal wilderness areas. Under federal law, they must be managed as if they were official wilderness areas until Congress decides what to do with them. Motor vehicles, development and other activities are off-limits in wilderness areas. In a separate opinion, Judge Monroe McKay said the district court lacked jurisdiction in the dispute but environmental laws allow the groups to pursue their claims through the public comment process. The court decision resulted in the issuance of new guidelines to assist government land managers regarding roads across federally owned lands.
Read more about this topic: Monroe G. Mc Kay, Judicial Career, Selected Opinions
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