Southern Utah Wilderness, et al. v. DOI, et al., No. 21-4073 (10th Cir. 2022)Annotate this Case
In 2018, Garfield County, Utah sought to chip-seal a 7.5-mile portion of the Burr Trail known as the Stratton Segment. Before the County could begin its chip-sealing project, it was legally required to consult with the Bureau of Land Management (“BLM”) about the project’s scope and impact and obtain BLM’s approval. After doing so, Garfield County completed the project. Soon after Garfield County chip-sealed the Stratton Segment, Southern Utah Wilderness Alliance (SUWA) and other conservation groups sued BLM and the United States Department of the Interior (“DOI”). Under the Administrative Procedure Act (“APA”), SUWA alleged that BLM had acted arbitrarily and capriciously when approving the chip-sealing project. The district court disagreed and dismissed SUWA’s claims. SUWA raised the same issue on appeal to the Tenth Circuit Court of Appeals. The Tenth Circuit held that BLM didn’t act arbitrarily and capriciously in informally determining that Garfield County had an R.S. 2477 right-of-way over the Stratton Segment. After reviewing the record, the Court disagreed with SUWA that BLM “purported to” rely on IM 2008-175 in its R.S. 2477 determination. "Instead, BLM properly relied on its authority under our caselaw to informally determine, for BLM’s own purposes, that Garfield County holds its asserted R.S. 2477 right-of-way. Thus, BLM’s decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."