Utah
Utah Legislature votes to join lawsuit on federal lands
The state Legislature’s Management Committee voted Tuesday to file a friend of the court brief before the U.S. Supreme Court in support of the Utah Attorney General’s lawsuit filed in August over 18.5 million acres of “unappropriated” public lands under federal ownership.
A tie vote of 4-4 was broken by leadership, as per rules, when House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, voted once again in favor of supporting the unique lawsuit.
Both Schultz and Adams said it is well past time that Utah do something about the vast amount of land controlled by the federal government that they say is often left in disarray and neglected.
“I’ve had the opportunity to watch Utah’s public lands over the last almost 40 or almost 50 years,” Schultz said. “And what is happening to our public lands kills me. As a conservationist at heart, who spends a lot of his own money, a lot of my own money, on improving land and making it better — to see the mismanagement that’s happening on our Forest Service lands, on our BLM lands, on all of the federally managed lands, is sickening, and we should all be ashamed of it. It’s going backwards.”
The amicus curiae, or friend of the court brief, comes in response to a lawsuit announced last month in a press conference by Utah Gov. Spencer Cox, joined by Utah Attorney General Sean Reyes.
The country’s highest court has yet to take up the case. But if it were to rule in Utah’s favor, control of a significant portion of public lands would shift to state capitals like Phoenix, Boise and Salt Lake City, instead of the nation’s Capitol 2,000 miles away.
It is those people, Schultz added, in charge of those lands in Utah — “bureaucrats” far removed from the state — who are out of touch with what is going on with the landscapes.
“It is not right and it is not fair,” he asserted.
Adams said the lawsuit leaves untouched places already under active management by federal agencies such as national parks, wilderness areas, national forests, monuments, tribal lands or military properties — land he describes as appropriated and serving a designated use. That amounts to 18.8 million acres.
But 18.5 million acres of federal land is unencumbered for a special purpose, land that the state fears will soon change with public land restrictions that no longer make the land public multiuse and for purposes of sustained yield — something etched in stone under the Federal Lands Policy Management Act passed in 1976.
The land ownership by the federal government puts Utah at a distinct disadvantage, Adams said.
“In comparison the federal government owns less than 1% of the ground in Connecticut, New York and Rhode Island. Our Founding Fathers took care of those three states,” Adams said. “If you move on, less than 3% of the land is federally owned in Delaware, Maine, Massachusetts, Ohio and Pennsylvania, and yet they own 70% of the land here in Utah.”
Look but don’t touch
Some GOP lawmakers have said the federal government is whittling away access to land they control, via restrictions that include 500 miles of roads closed and more to come. Grazing allotments are at risk as well, due to a new position by the Bureau of Land Management that nongovernment organizations are on an equal footing when it comes to being granted leases — but for conservation purposes lawmakers say have the potential to decimate public access.
“It takes a hands off, don’t touch, stay out approach, and they’re going to continue to close down more roads. This is access to some of those of us that love to get out and recreate, camp and climb or whatever it is,” Schultz said. “Hiking in our public land, they’re no longer going to have access to some of their favorite areas unless they’re willing to walk in 15 to 20 miles to get … to this area or to the area where they historically had access — and that is not fair to people with disabilities and that is not fair to people who can’t hike that far in.”
Several Democratic members of the Legislative Management Committee made clear their objection to Utah’s involvement, citing the costs that will run into the millions and the small chance of any tangible victory.
“I think it’ll be taxpayer money being lost in another fruitless litigation. But we will lose outdoor recreation opportunities. We will lose habitat for wildlife, and this will provide us with an opportunity to privatize some of the 70% of the land we all recreate on,” said Sen. Kathleen Riebe, D-Cottonwood Heights.
Rep. Jen Dailey-Provost, D-Salt Lake City, also wanted her name put on record as opposing the legal action.
But if the state is successful, it would take over leasing on those federal lands.
Utah has hired former U.S. Solicitor General Paul Clement and leading Supreme Court advocate Erin Murphy to argue the case, which could add up to $14 million in costs.
Utah
Man guilty of crash that killed Utah CEO and his daughter gets maximum sentence – East Idaho News
OGDEN, Utah (KSL) — The man convicted in the 2024 accident in the Ogden Canyon that killed two people after a bulldozer slid from the bed of his truck onto the victims’ vehicle has been handed the most severe sentence possible in the case.
Moreover, in sentencing Michael John Love on Friday, Judge Craig Hall ordered the incarceration terms on the five counts to run consecutively, making for a potential prison term of four to 23 years.
Utah sentencing parameters would point to probation in the case with jail time of zero to 270 days, but he is not required to follow them “and just cannot go along with those guidelines,” Hall said. “Simply put, probation is not an appropriate sentence in this case. Rather, I believe that the sentence should be the maximum sentence allowed by law as most appropriate.”
Preceding sentencing, family members fondly remembered the two fatality victims, Richard Hendrickson, 57, and his daughter Sally Hendrickson, 16. Love, for his part, apologized for the tragic turn of events. The elder Hendrickson had served as chief executive officer of Clearfield-based Lifetime Products.
A jury last March found Love guilty of two counts of negligent homicide, a class A misdemeanor, in the deaths of the Hendricksons in the July 6, 2024, incident. That’s less than the convictions for manslaughter, a second-degree felony, sought by prosecutors. The jurors also found him guilty of aggravated assault, a second-degree felony, stemming from the injuries suffered by Mollie Hendrickson in the accident and two counts of obstruction of justice, one of them a third-degree felony, the other a class A misdemeanor.
RELATED | Jury convicts man of negligent homicide, not manslaughter, in crash that killed Utah CEO
As for actual incarceration time, Hall sentenced Love to 364 days of jail on each of the negligent homicide counts, one to 15 years imprisonment on the aggravated assault count, zero to five years imprisonment on the felony obstruction count, and 364 days of jail on the misdemeanor obstruction count. Love received credit for time served, nearly 600 days.
Love was hauling a 31,000-pound bulldozer when the piece of machinery, improperly secured, slid off his tow truck as he negotiated a curve along Ogden Canyon Road, a narrowing, winding roadway east of Ogden, and fell onto the oncoming vehicle driven by Richard Hendrickson. The force of the bulldozer sheared off the top of the Hendrickson vehicle, causing the two deaths and injuring Mollie Hendrickson, another of Richard Hendrickson’s daughters.
RELATED | Utah company mourns loss of CEO, his daughter in fatal Ogden crash
Hall scolded Love, an experienced tow-truck operator, for not properly securing the bulldozer. “There were simply no excuses for an individual, a licensed tow truck driver, to carry this bulldozer that was over 30,000 pounds on a metal track flatbed,” he said.
He also noted Love’s “extensive criminal history,” which includes prior convictions for theft, assault, impaired driving, burglary, driving on a suspended license, failure to secure a load and more. “You have been granted the privilege of probation and early interventions like drug court in the past, yet you have continued to engage in criminal, self-defeating behavior. Past leniency has clearly failed to deter this behavior, making the maximum sentence necessary today,” he said.
Furthermore, the judge said he was “troubled” by Love’s actions after the accident to cover up and obstruct the subsequent investigation, which led to the obstruction of justice convictions. He placed chains on the bed of his truck in the immediate aftermath of the crash as if to make it appear the bulldozer had been secured at several points, prompting the felony obstruction count. He misled law enforcement officials about how the bulldozer had been secured, leading to the misdemeanor obstruction count.
‘Bigger than life’
Richard Hendrickson had served as CEO of Clearfield-based Lifetime Products since 2013. He, his wife and three of the couple’s four children had spent the morning of July 6, 2024, boating at Pineview Reservoir and were on their way home when the tragedy occurred.
The man’s son, Sam Hendrickson, wife Julie Hendrickson and daughter Lyssa Hendrickson all addressed the court, expressing their grief over the deaths of Richard Hendrickson and Sally Hendrickson and pressing for prison time for Love. Mollie Hendrickson, severely injured, provided a pre-recorded statement.
“Being the only boy in the family means that I didn’t just lose a father that day, but a brother as well. The kindest and nicest man I’ve ever known was my father, and for that I’ll always be grateful,” Sam Hendrickson said. “My 16-year-old sister was just as amazing. Sally had a light about her that was contagious. She could light up a room simply by walking into it.”
He also remembered the ride with sister Mollie to the hospital after the accident, having to inform her of the two deaths. “Watching her determination to continue to recover and get better (despite) intense pain and countless surgeries has been incredible,” he said.
Julie Hendrickson said her late husband and daughter “are bigger than life” and that she continues to struggle with the loss.
Her husband “was my best friend and confidant,” she said. “I miss him every day…We had so many plans to do so much together.”
Love, shackled and wearing Weber County Jail garb, offered an apology and said the incident wasn’t intentional.
“If I could take it back, I would. I think about it every single day. I dream about it every single night. It’s something that I’m going to have to live with for the rest of my life. I screwed up. I admit it,” he said.
Love’s attorney, Greg Skordas, defended his client, saying he’s remorseful and would be in tears whenever he visited him in jail. “He’s not the monster that everyone makes him out to be, and he’s not the remorseless human being that everyone wants him to be,” Skordas said.
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Utah
DHHS issues emergency actions against Utah behavioral school attended by Paris Hilton
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Utah
Video: Utah startup employs those right out of prison and celebrates new milestone – KSLTV.com
The idea for Rize Sweet Rollz dates back five years, when founder Casey Vanderhoef was serving time in prison.
Vanderhoef began developing the concept while incarcerated, using that time to think through both the product and the purpose. Since his release last July, Vanderhoef has turned that vision into a growing business.
His company now makes a point to hire people who were formerly incarcerated, offering what Vanderhoef calls a critical first step after release.
Read more: https://ksltv.com/?p=911964
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