Legal Opinion · Dissent

The Wilderness Soc. v. Kane County, Utah

Court of Appeals for the Tenth Circuit

Decided September 1, 2009No. 08-4090Published

1DissentLucero, Circuit Judge

HOLLOWAY, Circuit Judge.

This is a pivotal case which, unless reversed or modified, will have long-term deleterious effects on the use and management of federal public lands. It also expands the doctrine of prudential standing by arrogating to appellate courts unbounded and unprecedented authority to reverse trial court decisions without addressing the merits. Rather than following the clear precedent of the Supreme Court, this circuit, and other circuits, the majority instead utilizes extreme means to nullify the trial court’s injunction prohibiting Kane County from substituting its own…

2Cases cited42 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. Summers v. Earth Island InstituteSupreme Court of the United States · 2009

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