Tenth Circuit Denies SUWA’s Intervention in Kane R.S. 2477 Bald Knoll Appeal

Earlier this month the Tenth Circuit Court of Appeals denied intervention by the Southern Utah Wilderness Alliance (SUWA) and The Wilderness Society (TWS) into an ongoing R.S. 2477 roads lawsuit in Kane County. The suit, an effort by the State of Utah and Kane County to quiet title to 15 roads in the Bald Knoll area of Kane County, resulted in the Utah Federal District Court awarding title to 12 of the roads to the state and county.

Initially, in May of 2009, the lower court (the Utah Federal District Court) denied intervention by SUWA and TWS. The Tenth Circuit affirmed this order. On appeal to the Tenth Circuit in 2013, SUWA and TWS again moved to intervene seeking full participation in this lawsuit. On September 2, 2014, the Tenth Circuit panel denied intervention.

SUWA and TWS immediately moved for amicus curiae status. The Tenth Circuit granted this request but prohibited SUWA and TWS’s participation in the oral argument. Amicus status allows SUWA and TWS to file briefs as “friends of the court” but not as parties. The court may consider amicus filings but the extent and weight of such consideration are discretionary.

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