ELR Citation: 53 ELR 20066
No(s). 6:22-cv-1344-MK (D. Or. Apr 21, 2023) (Kasubhai, J.)

A magistrate judge recommended that BLM's motion to dismiss be denied in a challenge to its proposed logging project in northwest Oregon. Environmental groups argued BLM's landscape plan for the project violated NEPA by failing to establish baseline environmental conditions, failing to consider significant aspects of the project's impacts, failing to take a hard look at site-specific and cumulative impacts, and failing to prepare an EIS. BLM moved to dismiss, arguing the groups lacked standing and that their claims were not yet ripe. The magistrate judge found the groups demonstrated the requisite imminent injury to establish standing because logging will definitely occur when BLM implements the landscape plan, and that their claims are ripe because procedural NEPA challenges are regarded as ripe as soon as the alleged procedural failure occurs. He recommended that BLM's motion be denied.