Wilderness Society v. Kane County

A great many of the roads of the West, including virtually all the roads that provide visitors access to the Grand Staircase-Escalante National Monument in southern Utah [hereinafter “the Monument”], are based upon rights-of-way established under the authority of a congressional statute passed in 1866, popularly called “R.S. 2477.” When the plaintiffs’ members testify that they enjoy recreating in “areas adjacent to the Hole-in-the Rock road, Hackberry Canyon, Buckskin Gulch, Paria Canyon and the White House Campground,” Maj. Op. 1210, they travel to those places over R.S. 2477 roads. Kane…