The Tenth Circuit United States Court of Appeals has upheld an earlier ruling by the United States District Court, in a two to one vote, in the matter of Earth Justice, The Wilderness Society and Southern Utah Wilderness Alliance against Kane County. The August 31 ruling announced that Judges Lucero and Holloway affirmed the previous decision, while Judge McConnell dissented. 

The majority opinion of the judges was that Kane County had violated the supremacy clause of the U.S. Constitution, wherein that federal law supersedes local or state law involving federal issues where the two conflict. The court also said that the county must first prove that the rights it claimed were valid, before federal land managers had to accommodate them.

The commissioners, once again, refused to comment on the decision.