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2019 Interior Dec. (IBLA) 194 IBLA69 (2019)

handle is hein.amindian/ibla2019 and id is 1 raw text is: 




            A   United States Department of the Interior
                         Office of Hearings and Appeals
                            Interior Board of Land Appeals
                            801 N. Quincy St., Suite 300
                                Arlington, VA 22203
                  783-235-3750                   703-235-8349 (fax)



                    SOUTHERN UTAH WILDERNESS ALLIANCE

IBLA 2015-134                                          Decided February 6, 2019

      Appeal from a decision of the Kanab Field Office, Bureau of Land Management, to
grant a right-of-way for a road and to designate it as open for motorized vehicle travel.
DOI-BLM-UT-C040-2013-0045-EA; UTU-90101.

      Affirmed.

      1.    Administrative Procedure: Administrative Review;
            Appeals: Burden of Proof

            The Board will affirm a BLM decision to designate routes as
            open to motorized vehicles when BLM's decision is based on
            its consideration of all relevant factors, reflects a reasoned
            analysis, and is supported by the record. An appellant
            challenging BLM's decision has the burden of demonstrating
            that BLM made a material error of law, committed a material
            error in its factual analysis, or failed to give due
            consideration to all relevant factors, or that no rational
            connection exists between the facts found and the choices
            made.

APPEARANCES: Joseph J. Bushyhead, Esq., Landon Newell, Esq., and Laura Peterson,
Esq., Salt Lake City, Utah, for Southern Utah Wilderness Alliance; Cameron B. Johnson,
Esq., U.S. Department of the Interior, Office of the Regional Solicitor, Salt Lake City,
Utah, for the Bureau of Land Management.

      OPINION BY ACTING DEPUTY CHIEF ADMINISTRATIVE JUDGE IDZIOREK

      Southern Utah Wilderness Alliance (SUWA) appeals a March 3, 2015, decision by
the Kanab Field Office, Bureau of Land Management (BLM), approving the K2855 Bypass
Right-of-Way (ROW) in Kane County, Utah. In its decision, BLM approved Kane


194 IBLA 69

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