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Order Granting Temporary Restraining Order of HB155

Order Granting Temporary Restraining Order of HB155

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Published by Brian Grimmett
Order from U.S District Judge David Nuffer granting the U.S. Attorney's Office for Utah a TRO of HB155 that prohibits BLM and U.S. Forest Service agents from enforcing state and local laws, or federal regulations that mirror state and local laws.
Order from U.S District Judge David Nuffer granting the U.S. Attorney's Office for Utah a TRO of HB155 that prohibits BLM and U.S. Forest Service agents from enforcing state and local laws, or federal regulations that mirror state and local laws.

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Published by: Brian Grimmett on May 13, 2013
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08/07/2013

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UNITED STATES DISTRICT COURTDISTRICT OF UTAH, CENTRAL DIVISIONTHE UNITED STATES OF AMERICA,Plaintiff,v.THE STATE OF UTAH; and GARY R.HERBERT, Governor of the State of Utah, inhis official capacity,Defendants.
ORDER GRANTING TEMPORARYRESTRAINING ORDER 
Case No. 2:13CV332Judge David Nuffer This matter comes before the Court on the United States’ Motion for TemporaryRestraining Order and for a Preliminary Injunction, in which Plaintiff asks the Court to enjoin theenforcement of Sections 53-13-106.5 and 76-8-512(4) of the Utah Code. The Court recognizesthat Plaintiff has provided notice to Defendants of this motion, and that Defendants havestipulated to the entry of this order in a telephone conference held this day. Having consideredthe motion and supporting documentation filed by the United States, the Court rules as follows:The United States argues in its motion that Sections 53-13-106.5 and 76-8-512(4) are preempted and unconstitutional. This argument is supported with legal authorities and there is alikelihood of success on the merits. The United States claims that it will suffer irreparable injury
Case 2:13-cv-00332-DN Document 9 Filed 05/13/13 Page 1 of 3
 
if the amendments in Utah House Bill (HB) 155 are permitted to take effect on May 14, 2013,and support this argument by demonstrating that the enforcement of Sections 53-13-106.5 and76-8-512(4) will immediately and irreparably (i) disrupt the constitutional order by underminingthe federal government’s control over federal lands, (ii) risk the safety of the public and of officers responsible for the enforcement of law on those lands, and (iii) undermine thegovernment’s ability to protect federal lands and the persons, property, and natural resourceslocated thereon. The United States contends that the balance of hardships tips strongly in itsfavor, and that a temporary restraining order advances the public interest and supports theseassertions. These are the preliminary conclusions of the court in support of this TemporaryRestraining Order and will be revisited entirely at a later date.In order to allow all parties the opportunity to fully present to the Court their positions,the Defendants have agreed to the immediate entry of a temporary restraining order and to theschedule ordered below.IT IS HEREBY ORDERED that:1. Plaintiff United States’ motion for a temporary restraining order is GRANTED.2. The Defendants and their officers, agents, servants, employees, and attorneys andthose persons in active concert or participation with them are HEREBY ENJOINED ANDRESTRAINED from giving any effect to or otherwise taking action to enforce Sections 53-13-106.5 and 76-8-512(4) of the Utah Code.3. This order shall become effectively immediately and by consent of the parties shallcontinue in effect unless and until the Court lifts this order.2
Case 2:13-cv-00332-DN Document 9 Filed 05/13/13 Page 2 of 3

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