ELR Citation: 53 ELR 20175
No(s). 3:23-cv-00058-SLG and 3:23-cv-00061-SLG (D. Alaska Nov 9, 2023) (Gleason, J.)

A district court dismissed environmental groups' challenge to BLM's approval of a 600-million-barrel oil development project in the National Petroleum Reserve-Alaska. The groups first argued BLM violated NEPA by failing to consider a reasonable range of alternatives and by failing to adequately analyze global greenhouse gas (GHG) emissions from future oil development on adjacent lands. The court found the alternatives analysis complied with NEPA, and that the final EIS appropriately analyzed indirect and cumulative GHG emissions. The groups next argued BLM violated §810 of the Alaska National Interest Lands Conservation Act by failing to consider alternatives that would reduce impacts to subsistence uses. The court found it was appropriate for BLM to consider only action alternatives that would result in full field development and to conduct its §810 analysis based on those alternatives. The groups also argued FWS erred in finding in its biological opinion (BiOp) that there would be no incidental take of polar bears, that BLM unlawfully relied on the BiOp, and that it failed to consult with FWS and NMFS regarding effects of carbon emissions on protected species. The court concluded the BiOp was not arbitrary and capricious in its incidental take analysis, that BLM's reliance on it did not violate ESA §7, and that BLM applied the correct standard when it determined the impact of GHG emissions on listed species was not an effect of the project. The court dismissed the suit.