ELR Citation: 56 ELR 20007
No(s). 21-cv-07171-SI (N.D. Cal. Jan 23, 2026) (Illston, J.)

A district court granted in part environmental groups' motion for vacatur and injunctive relief in a lawsuit concerning BLM's approval of land management plans designating route networks for off-highway vehicles (OHVs) in the western Mojave desert. The groups had argued the 2019 route network, which ran through critical habitat for the threatened desert tortoise and endangered Lane Mountain milkvetch, violated FLPMA, the CAA, NEPA, and the ESA. The court granted in part and denied in part summary judgment for both the groups and the agencies. The groups sought partial vacatur of the route network, partial vacatur of the 2019 biological opinion (BiOp) and incidental take statement (ITS) with respect to the desert tortoise, partial or full vacatur of BLM's land use plan amendments, injunctive relief in the form of closing routes in tortoise and milkvetch critical habitat and requiring BLM to develop and implement a monitoring program, and imposition of interim and final deadlines for remand. The court found the relief sought was largely warranted and that closure of desert tortoise critical habitat to OHV use was appropriate. It partially vacated the route network by vacating the decision to adopt the network with respect to routes in tortoise and milkvetch critical habitat, vacating certain land use plan amendments, vacating the CAA conformity determination, and vacating BLM's determination that its reliance on the 2019 BiOp and ITS fulfilled its obligations under ESA §7. It remanded the 2019 route network, BiOp, and ITS for further proceedings. It also ordered BLM to close all OHV routes in tortoise and milkvetch critical habitat during remand, to develop and implement a monitoring program to determine compliance with route closures, and to comply with deadlines for completing various actions on remand as set forth in the order; and prohibited BLM from approving any new OHV routes outside of the official route designation process.