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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Norton v. Southern Utah Wilderness Alliance
Citation:
542 U.S. 55 (2004)Facts
The Bureau of Land Management (BLM) manages approximately 23 million acres of federal land in Utah under the Federal Land Policy and Management Act (FLPMA), which requires “multiple use management” of these lands. Some lands are designated as Wilderness Study Areas (WSAs), which BLM must manage “so as not to impair the suitability of such areas for preservation as wilderness.” BLM creates land use plans to guide its management decisions. In this case, SUWA alleged that BLM failed to protect WSAs from damage caused by off-road vehicle (ORV) use, which had increased substantially in recent years. SUWA made three claims: (1) BLM violated its nonimpairment obligation by allowing degradation in certain WSAs; (2) BLM failed to implement ORV-related provisions in its land use plans; and (3) BLM failed to take a “hard look” under NEPA at whether to conduct supplemental environmental analyses for areas with increased ORV use. SUWA sought to compel agency action under § 706(1) of the APA.
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