Monday, June 21, 2010

Biodiversity Conservation Alliance v. Bureau of Land Management

Jun 18: In the U.S Court of Appeals, Tenth Circuit, Case No. 09-8011. In this appeal, several environmental and citizens' groups challenge a 2003 Bureau of Land Management (BLM) resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin. The groups argue that the Bureau violated the National Environmental Policy Act when it refused to study in detail their proposal to phase development in the Basin over decades.
    The district court held that the Bureau adequately considered their suggested alternative. The Appeals Court affirmed the decision and said, "The Bureau reasonably refused to give detailed study to a plan that would not meet the project's purposes. . .
the Bureau reasonably concluded that phased development was impractical and would not meet the project's purposes. This ground is an adequate basis for the Bureau's decision. We therefore decline to review any of the Bureau's other reasons for excluding phased development from further study."
    Access the complete opinion (click here).

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