ELR Citation: 53 ELR 20156
No(s). 2:19-cv-00198-DJC-CKD (E.D. Cal. Sep 29, 2023) (Calabretta, J.)

A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argued BLM's EA violated NEPA, that its finding that the project would have no significant environmental impact was arbitrary and capricious, and that its approval of the amendment and right-of-way violated FLPMA. The court found the EA took the requisite "hard look" at potential impacts, mitigation measures, and alternatives, and that BLM did not act arbitrarily or capriciously in determining that the right-of-way would have no significant impact. It further found BLM complied with relevant land use standards when amending the plan and granting the right-of-way. It denied summary judgment for the group, and granted BLM's cross-motion.