ELR Citation: 54 ELR 20083
No(s). CV-24-00034-TUC-JGZ (D. Ariz. Jun 6, 2024) (Zipps, J.)

A district court granted BLM's motion to dismiss tribes' and environmental groups' challenge to the Bureau's approval of a 550-mile transmission line route through the San Pedro Valley. Plaintiffs argued BLM violated the National Historic Preservation Act by failing to identify the San Pedro Valley as a "traditional cultural property" and failing to meaningfully consult with the tribes, and sought to vacate the Bureau's limited notices to proceed (LNTPs) and underlying record of decision (ROD) in order to reroute the line out of the valley. BLM moved to dismiss. The court found plaintiffs failed to state a claim because their challenges to the 2015 ROD were time-barred by the six-year APA statute of limitations. Further, the 2023 LNTPs were not challengeable because they did not constitute "final agency action." It dismissed the suit.