ELR Citation: 50 ELR 20255
No(s). 1:19-cv-00505-RB-SCY (D.N.M Nov 19, 2020) (Brack, J.)

A district court denied a motion to vacate three oil and gas leases issued by BLM in southeastern New Mexico. An environmental group argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts of the leases and failing to sufficiently justify its decision not to prepare an EIS. The court found that the agency took the requisite hard look at how the leases would affect the regional environment, air quality, and water quality, and reasonably determined that no EIS was needed. The group also challenged a 2018 BLM memo, arguing that its removal of certain public participation requirements violated FLPMA, and sought to enjoin subsequent leases that did not allow for public participation. The court found that the challenged changes in the memo did not warrant a sweeping injunction because the rest of the memo complied with NEPA and FLPMA and because the leases at issue provided for public participation. It therefore denied the group's motion to vacate, but urged BLM to alter the language in the memo concerning public participation.