ELR Citation: 51 ELR 20106
No(s). 1:18-cv-00187-REB (D. Idaho Jun 9, 2021) (Bush, J.)

A district court remanded without vacatur oil and gas lease sales approved by BLM in greater sage-grouse habitat in Montana and Wyoming. Conservation groups argued BLM violated NEPA by failing to consider their proposed alternative of deferring priority sage-grouse habitat and failing to take a "hard look" at the direct, indirect, and cumulative impacts of the sales on the species, and sought to have all of the sales vacated. The court found that BLM failed to provide an adequate explanation for why it did not consider the groups' proposed reasonable alternative, and failed to take the requisite "hard look" at site-specific and cumulative impacts of the sales on greater sage-grouse. It therefore remanded without vacatur, and enjoined BLM from issuing any new drilling permits for the leases or authorizing new surface disturbing activities on the leased parcels until such deficiencies are addressed.