ELR Citation: 53 ELR 20019
No(s). 21-2116 (10th Cir. Feb 1, 2023)

The Tenth Circuit reversed a district court ruling that affirmed BLM's environmental impact analysis for 370 applications for permits to drill (APDs) for oil and gas in New Mexico's San Juan Basin. Environmental groups argued that BLM's 81 EAs and EA addendum violated NEPA because the Bureau improperly predetermined the outcome of the addendum and failed to take a hard look at the environmental impacts related to greenhouse gas (GHG) emissions, water resources, and air quality. The district court determined the claims based on APDs that had not been approved were not ripe for judicial review, that BLM did not unlawfully predetermine the outcome of the addendum, and that the Bureau took a hard look at the environmental impacts of the APDs that were approved. The appellate court agreed that the unapproved APDs were not ripe, and limited its review to the APDs that had been approved. It held that BLM did not improperly predetermine the outcome of the EA addendum, but that its analysis failed to take a hard look at the environmental impacts from GHG emissions and hazardous air pollutant emissions. The court reversed and remanded to the district court to reconsider the appropriate remedy, and enjoined approval of any additional APDs based on the existing EAs and EA addendum pending its decision.