ELR Citation: 55 ELR 20063
No(s). 24-3659 (9th Cir. May 27, 2025)

The Ninth Circuit reversed a district court's dismissal of a challenge to BLM's authorization of construction on a transmission line through the San Pedro Valley. Native American tribes and environmental groups argued BLM violated the National Historic Preservation Act by issuing limited notices to proceed before satisfying its obligations under a programmatic agreement (PA) governing implementation of the project. BLM and the construction company moved to dismiss for failure to state a claim, and the district court granted the motion. The appellate court found plaintiffs plausibly alleged that BLM violated the PA by failing to consult with them on a historic property treatment plan that would evaluate whether the valley should be designated as a historic property and by authorizing construction before properly identifying all historic properties affected by the project and ensuring that any adverse effects would be avoided, minimized, or mitigated. It reversed the district court's dismissal and remanded.