Order Granting Temporary Restraining Order of HB155

7/30/2019 Order Granting Temporary Restraining Order of HB155

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UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

THE UNITED STATES OF AMERICA,

Plaintiff,

v.

THE STATE OF UTAH; and GARY R.

HERBERT, Governor of the State of Utah, in

his official capacity,

Defendants.

ORDER GRANTING TEMPORARYRESTRAINING ORDER

Case No. 2:13CV332

Judge David Nuffer

This matter comes before the Court on the United States Motion for Temporary

Restraining Order and for a Preliminary Injunction, in which Plaintiff asks the Court to enjoin the

enforcement of Sections 53-13-106.5 and 76-8-512(4) of the Utah Code. The Court recognizes

that Plaintiff has provided notice to Defendants of this motion, and that Defendants have

stipulated to the entry of this order in a telephone conference held this day. Having considered

the 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 a

likelihood 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


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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 and

76-8-512(4) will immediately and irreparably (i) disrupt the constitutional order by undermining

the federal governments 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 the

governments ability to protect federal lands and the persons, property, and natural resources

located thereon. The United States contends that the balance of hardships tips strongly in its

favor, and that a temporary restraining order advances the public interest and supports these

assertions. These are the preliminary conclusions of the court in support of this Temporary

Restraining 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 the

schedule 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 and

those persons in active concert or participation with them are HEREBY ENJOINED AND

RESTRAINED 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 shall

continue in effect unless and until the Court lifts this order.

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4. Plaintiffs motion for a preliminary injunction will be considered on the following

schedule:

a. Defendants response memorandum shall be filed by May 28, 2013.

b. Plaintiffs reply memorandum shall be filed by June 7, 2013.

c. The Court will hear oral arguments on this motion on June 28, 2013 at 10:00 a.m.

in Room 230, Frank E. Moss United States Courthouse, 350 South Main Street,

Salt Lake City, Utah. The Court will accept testimony by declaration; no live

witnesses will be permitted except by the courts request or on motion by a party

filed no later than that partys scheduled memorandum.

Issued on May 13, 2013, at 2:50 p.m.

__________________________________

DAVID NUFFERUNITED STATES DISTRICT JUDGE

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Documents

Order Granting Temporary Restraining Order of HB155