ELR Citation: 52 ELR 20016
No(s). 21-2317 (RC) (D.D.C. Jan 27, 2022) (Contreras, J.)

A district court vacated and remanded BOEM's approval of an oil and gas lease sale covering 80.8 million acres in the Gulf of Mexico. Environmental groups argued that BOEM violated NEPA by failing to include foreign greenhouse gas emissions in its emissions calculation for the "no action" alternative. The court found BOEM's analysis was entitled to substantial deference, but that even under deferential review, the agency acted arbitrarily and capriciously in excluding foreign consumption from its emissions calculation. It vacated the approval and remanded to BOEM for further proceedings.