Case Summary
Issue:
Whether an environmental group can prevent the use of federal lands in six States because of purported impacts to greater sage-grouse habitat?
Plaintiff:
Western Watersheds Project (WWP)
Defendant:
Ken Salazar, Secretary of the Interior; U.S. Department of the Interior (DOI)
Intervenor:
Petroleum Association of Wyoming and Wyoming Stock Growers Association; State of Wyoming; State of Utah
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Case History
Since 2006, the Bureau of Land Management (BLM) has issued 18 Resource Management Plans (RMPs) as to more than 25 million acres of purported greater sage-grouse habitat in six States—California, Idaho, Montana, Nevada, Utah, and Wyoming—that set forth permissible uses of the lands and outline conditions under which each use is allowed. Each RMP permits extractive uses such as oil and gas development and livestock grazing.
On December 17, 2008, the Western Watersheds Project “WWP” challenged the 18 RMPs alleging that the BLM had failed to protect various sage-grouse populations. The group asserts that, in violation of the National Environmental Policy Act (NEPA), the BLM failed to take a “hard look” at the direct, indirect, and cumulative impacts of livestock grazing and energy development, including the impact on global warming, and failed to consider a reasonable range of alternatives, and that, in violation of the Federal Land Policy and Management Act (FLPMA), the BLM failed to prevent undue degradation of the public lands and resources.
On February 20, 2009, federal lawyers filed a motion to dismiss the lawsuit or, in the alternative, to sever and transfer it to the various States, arguing, in part, that the Idaho court may not consider land management actions taken in other States. On March 18, 2009, the State of Wyoming filed a motion to intervene. On March 20, 2009, MSLF, on behalf of the Petroleum Association of Wyoming and the Wyoming Stock Growers Association, filed a motion to intervene.
On May 7, 2009, the district court denied the motion to dismiss or, in the alternative, to sever and transfer. On May 12, 2009, the district court granted the motions to intervene by the State of Wyoming and of the Wyoming Petroleum Association (PAW) and Wyoming Stock Growers Association (WSGA). On March 15, 2010, the Court granted the State of Utah’s motion to intervene.
On May 21, 2009, the BLM filed a motion for reconsideration of the district court’s decision denied the motion to sever and transfer, which was denied by the court on January 6, 2010. On August 14, 2009, WWP and BLM proposed briefing on two “test” RMPs, Craters of the Moon (Idaho) and Pinedale (Wyoming), which was approved by the court on November 30, 2009. On December 8, 2009, the administrative record for the two test RMPs was filed.
On March 5, 2010, Secretary Salazar announced that listing of the sage-grouse was warranted, but precluded, because it is low on the agency’s priority list of species.
On February 28, 2011, Wyoming, the PAW and the WSGA filed a joint motion to dismiss the Wyoming RMPs from the case as moot in light of the federal defendants’ notice of intent to amend those RMPs. On March 14, 2011, WWP filed a brief in opposition. On March 18, 2011, Wyoming, the PAW and the WSGA filed a joint reply.
On March 14, 2011, WWP filed a motion for partial summary judgment on the Craters and Pinedale RMPs along with declarations from its members in an attempt to establish standing. On May 9, 2011, the PAW and the WSGA filed a cross-motion for partial summary judgment on the Craters and Pinedale RMPs and moved to strike substantial portions of WWP’s declarations; Wyoming filed a cross-motion for partial summary judgment on the Pinedale RMP; the BLM filed a cross-motion for partial summary judgment on the Pinedale RMP and a motion for remand on the Craters RMP to re-study the Craters RMP.
On June 3, 2011, WWP filed an opposition to the motions to strike. On June 8, 2011, WWP filed an opposition to the motion for remand. On June 14, 2011, WWP filed its response/reply to the cross-motions for summary judgment. On June 15, 2011, PAW/WSGA filed a reply on their motion to strike. On July 14, 2011 and July 19, 2011, Wyoming, PAW/WSGA, and the BLM filed their respective replies to their motions for summary judgment. On July 26, 2011, the district court heard oral arguments on the pending motions. On September 28, 2011, the district court ruled in favor of Western Watersheds Project.
