ELR Citation: 41 ELR 20130
No(s). 09-1704 (D.D.C. Mar 31, 2011)

A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan Revisions, for 2.5 million acres of BLM lands in western Oregon. The Secretary did not dispute that he failed to follow the FLPMA procedures when he withdrew the ROD on July 19, 2009. Rather, the government argued that the Secretary had "inherent authority" to reconsider and withdraw the ROD (which was adopted in December 2008 under the previous Administration) due to "legal error" since the BLM had improperly concluded that it was not obligated to engage in inter-agency consultation under the ESA. But the Secretary does not have inherent authority to withdraw the Western Oregon Plan Revisions ROD absent compliance with FLPMA's formal notice-and-comment proceedings. Further, the possibility that the BLM's failure to consult under the ESA was unlawful does not render the ROD "unlawful" nor excuse the Secretary's failure to follow the FLPMA planning procedures. Consequently, the Secretary's decision to withdraw the 2008 ROD without following the procedures required under the FLPMA violated the APA.