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Utah v. Norton

Citation: 35 ELR 20034
No. No. 03-4147, (10th Cir., 02/08/2005)

The Tenth Circuit dismissed intervenors' appeal of a district court order approving a settlement in a suit originally filed to halt a wilderness inventory to assess whether several million acres in Utah meet criteria for wilderness eligibility. On April 14, 2003, the district court granted the plaintiffs' and defendants' joint motions to approve the settlement and to dismiss the complaint. The court subsequently granted intervenors leave to intervene and to file cross-claims. Those cross-claims are still pending. Thus, the April 14 order is not a final appealable decision because it did not terminate all matters as to all parties and causes of action. Further, the appeal fails to meet any of the criteria for exceptions to the final judgment rule. The district court did not certify this case under Fed. R. Civ. P. 54(b) and the intervenors do not assert, nor could the court conclude, that the collateral order doctrine applies. The appeal was therefore dismissed as interlocutory.