ELR Citation: 49 ELR 20140
No(s). 1:19-cv-037-BLW (D. Idaho Aug 16, 2019) (Winmill, J.)

An Idaho district court transferred venue in a challenge to BLM's decision to renew livestock grazing permits for an allotment in northern Utah and to the Interior Board of Land Appeals' (IBLA's) reinstatement of that decision. An environmental group argued that BLM's decision violated FLPMA and NEPA because the agency ignored the environmental damage being done by grazing on the allotment, and that the IBLA had ignored the credibility findings of the administrative law judge when it reversed that judge's decision and reinstated the permits. BLM moved to dismiss for lack of venue or, alternatively, to transfer venue to the Utah district court. The court found that venue was proper, but that the case should be transferred because it focused entirely on a single allotment in Utah that was owned by BLM, the state of Utah, and Utah residents; it is not a challenge to an overarching BLM policy or practice that affected grazing practices across the boundaries of several states including Idaho. The court therefore granted BLM's motion to transfer.