Federal judge snubs SUWA

A Utah federal judge has thrown out an attempt by a coalition of environmental groups to put a stop to a settlement between the state of Utah and Bureau of Land Management they say would remove wilderness protection for federal land and open some areas to oil, gas and mining operations.

In a 52-page ruling published Thursday, Chief U.S. District Judge Dee Benson found that a 1996 agreement between Utah and the BLM is consistent with federal law, specifically with the Federal Land Policy and Management Act of 1976.

Benson also found that the Southern Utah Wilderness Alliance (SUWA) and its partner groups lacked standing to interfere with the settlement.

"It is SUWA's burden to demonstrate that the issue it has raised may properly be resolved by a federal court, and SUWA's failure to carry that burden is all but complete. SUWA has failed to establish standing," Benson wrote. "It has failed to show that the BLM's changes in policy have harmed any legally protected interest of its members."

Benson suggested that SUWA should seek changes through the "political process" instead.

The legal battle began in 1996 when the settlement of a suit between Utah and the BLM was reached. Before that, the state sued the BLM over its plan to survey federal land and designate some parts as protected wilderness, barring development as well as oil, gas and mining operations.

However, with a change in presidential administrations in 2003, the BLM softened its stance and approached Utah with a deal that would eliminate the wilderness option and open some federal land to development. The settlement was signed by former Utah Gov. Michael Leavitt.

Since then, SUWA and other groups have fought in court to thwart the settlement, saying its finalization would set a dangerous precedent of eliminating wilderness protection to areas which need to be preserved for scientific study as well as natural beauty for future generations.

"What is at stake are some of the Utah landscapes that give Utah its identity," said SUWA attorney Heidi McIntosh, such as areas in the San Rafael Swell, Cedar Mesa and areas near Zion National Park. McIntosh said the ruling further tilts in the direction of oil, gas and mining exploration on federal lands.

In his ruling, Benson said the settlement was consistent with directions handed down by Congress to the BLM to oversee and manage the use of public land.

McIntosh said she felt Benson failed to take into consideration a series of mistakes that date back to the late '70s that overlooked millions of acres of federal land that qualified for wilderness designation.

State officials see it differently. "This ruling is a victory for the rule of law and the rights of Utahns," said Utah Attorney General Mark Shurtleff in a statement. "It also makes it clear that President Clinton went too far when he started meddling with our public lands."

Shurtleff added that he agreed with Benson that SUWA had no right to intervene in the settlement.

McIntosh said SUWA plans to appeal the decision to the 10th Circuit Court of Appeals.

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