ELR Citation: 55 ELR 20060
No(s). 2:23-CV-00804-TC-DBP (D. Utah May 19, 2025) (Campbell, J.)

A district court reversed its prior dismissal of a challenge to four BLM leasing decisions concerning federal land in Utah. An environmental group had argued BLM violated NEPA and the ESA by failing to fully analyze the environmental, social, direct, indirect, and cumulative impacts of the lessees' planned drilling on emissions, water resources, and animal species; failing to adhere to congressionally required notice-and-comment procedure; failing to identify a reasonable range of alternatives; and failing to consult with FWS. An oil and gas company and the state of Utah intervened and moved to dismiss for lack of subject matter jurisdiction. The court granted the motion, holding the claims were not ripe due to a lack of final agency action. The group subsequently moved to alter judgment, arguing their claims were ripe because nearly half of the challenged leases were active and because BLM had approved certain applications for permits on January 30, 2025. The court found the group had standing because the leasing decisions posed imminent, definite harm to the group's members and employees. It granted the motion to reconsider and denied defendants' motion to dismiss.