ELR Citation: 55 ELR 20092
No(s). 23-5308 (D.C. Cir. Jul 15, 2025)

The D.C. Circuit affirmed dismissal of environmental groups' challenge to BLM's approval of more than 4,000 applications for permits to drill oil and gas wells on public land in the Permian and Powder River Basins. The groups argued BLM violated NEPA by failing to adequately consider the wells' climate and environmental justice impacts, violated the ESA by failing to properly consult with FWS and NMFS, and violated FLPMA by failing to prevent unnecessary or undue degradation of public lands. Oil and gas industry associations and companies intervened and moved to dismiss for lack of standing. A district court granted the motion, holding the groups had only claimed a geographic nexus to self-defined areas within which their members lived, worked, and recreated in and thus failed to assert “any individual member’s geographic nexus to any specific wells or drilling sites.” The appellate court found the groups failed to sufficiently link their asserted injuries to BLM's approvals, and affirmed dismissal.