Legal Opinion
Wilderness Society v. Kane County
Court of Appeals for the Tenth Circuit
Decided August 31, 2009No. 08-4090PublishedCited by 36 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
More than 1.6 million acres of federal public land lie within Kane County, Utah, which includes some of the most fragile and picturesque public lands in the United States. This case involves a dispute over alleged but unproven rights of way over these federal lands created by a Reconstruction-era law known as Revised Statute 2477 (“R.S. 2477”). At base, we face an ordering question: May a county exercise management authority over federal lands in a manner that conflicts with the federal management regime without proving that it possesses valid R.S. 2477 rights of way? As…
2Cases cited54 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Bennett v. SpearSupreme Court of the United States · 1997
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Sierra Club v. MortonSupreme Court of the United States · 1972
49 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of HealthCourt of Appeals for the Seventh Circuit · 2012
- The Wilderness Soc. v. Kane County, UtahCourt of Appeals for the Tenth Circuit · 2011
- Lozano v. City of HazletonCourt of Appeals for the Third Circuit · 2010
- Mulhall v. Unite Here Local 355Court of Appeals for the Eleventh Circuit · 2010
- Aransas Project v. Bryan ShawCourt of Appeals for the Fifth Circuit · 2014
31 more not listed; retrieve them via the Exa API.