Legal Opinion
Southern Utah Wilderness Alliance v. Bureau of Land Management
Court of Appeals for the Tenth Circuit
Decided October 12, 2005No. Nos. 04-4071, 04-4073PublishedCited by 140 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
This case involves one of the more contentious land use issues in the West: the legal status of claims by local governments to rights of way for the construction of highways across federal lands managed by the Bureau of Land Management (BLM). In 1866, Congress passed an open-ended grant of “the right of way for the construction of highways over public lands, not reserved for public uses.” Act of July 26, 1866, ch. 262, § 8, 14 Stat. 251, 253, codified at 43 U.S.C. § 932, repealed by Federal Land Policy Management Act of 1976 (FLPMA), Pub.L. No. 94-579 § 706(a), 90…
2Cases cited111 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
106 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- McGraw v. BarnhartCourt of Appeals for the Tenth Circuit · 2006
- Equal Employment Opportunity Commission v. C.R. England, Inc.Court of Appeals for the Tenth Circuit · 2011
- Initiative & Referendum Institute v. WalkerCourt of Appeals for the Tenth Circuit · 2006
- The Wilderness Soc. v. Kane County, UtahCourt of Appeals for the Tenth Circuit · 2011
- San Juan County, Utah v. United StatesCourt of Appeals for the Tenth Circuit · 2007
135 more not listed; retrieve them via the Exa API.