Southern Utah Wilderness v. Burke, No. 17-4113 (10th Cir. 2018)Annotate this Case
A Settlement Agreement sought to end a longstanding, complex dispute dating from 2008. In 2008, environmental groups led by the Southern Utah Wilderness Alliance (collectively, “SUWA”) challenged six resource management plans (“RMPs”) and associated travel management plans (“TMPs”) adopted by the United States Bureau of Land Management (“BLM”). Six other parties intervened as respondents, including the State of Utah and several counties in Utah (collectively, “Utah”). When BLM, SUWA, and multiple intervenors entered into a settlement and sought to dismiss the case in January 2017, Utah challenged the settlement. Utah contended, among other arguments, that the Settlement Agreement illegally codified interpretative BLM guidance into substantive rules, impermissibly binds the BLM to a past Administration’s policies, infringes valid federal land rights (known as “R.S. 2477 rights”), and violated a prior BLM settlement. The district court disagreed and approved the Settlement Agreement. On appeal to the Tenth Circuit, Utah sought to reverse the district court for primarily the same issues raised at trial. The Tenth Circuit concluded it lacked jurisdiction over the claims and dismissed.