Case 2:13-cv-00332-DN Document 9 Filed 05/13/13 Page 1 of 3

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 TEMPORARY RESTRAINING 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

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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 53-13106.5 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. 2

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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 NUFFER UNITED STATES DISTRICT JUDGE