ELR Citation: 51 ELR 20038
No(s). 2:17-cv-372 (S.D. Ohio Mar 8, 2021) (Watson, J.)

A district court remanded without vacatur BLM's and the Forest Service's authorization of hydraulic fracturing in Wayne National Forest, after previously ruling the agencies violated NEPA when they authorized the activity. The court found that equitable considerations warranted remand without vacatur, and therefore remanded BLM's 2016 EA and the Forest Service's consent to lease to undergo revised NEPA analysis. It also enjoined BLM from issuing new drilling permits for development on the oil and gas leases at issue, enjoined water withdrawals for any drilling that had already been approved, and enjoined any further surface-disturbing activities on the leased parcels pending a decision on remand.