ELR Citation: ELR 20427
No(s). C86-022-K (D. Wyo. Aug 19, 1987)

The court holds that the government's suspension of mineral leasing and failure to act on pending lease applications and offers in certain national forests violated the Energy Security Act and was an unlawful withdrawal in violation of the Federal Land Policy and Management Act (FLPMA). At the request of the Forest Service, the Bureau of Land Management suspended mineral leasing in the Shoshone, Targhee, and Bridger-Teton National Forests pending completion of final environmental impact statements (EISs) under the National Environmental Policy Act (NEPA) or forest plans under the National Forest Management Act (NFMA). The court first holds that plaintiff has standing because it has shown injury to its members' rights to have their lease applications and offers considered in accordance with law. The court next rules that the Energy Security Act does not allow the Secretary of Agriculture to delay processing of lease applications pending completion of a forest plan and holds that the government's policy of not acting on lease applications and offers constituted unlawful delay in processing. The court also holds that NEPA does not require completion of an EIS prior to processing the applications. The court next holds that the government's suspension of mineral leasing and failure to act on pending lease applications constitute an unlawful withdrawal of public lands under FLPMA §204. The court holds that the Secretary of the Interior has abused his discretion in issuing oil and gas leases under the Mineral Leasing Act by depriving lease applicants and offerers of the right to have their leases fairly considered according to law. Moreover, the Secretary's discretion does not authorize him to refuse to act on lease applications and offers in large land areas, thereby effectively removing those areas from operation of the Mineral Leasing Act, without following the procedural withdrawal requirements of FLPMA. Finally, the court holds that FLPMA, NFMA, and the Administrative Procedure Act obligate the Department of Agriculture to promulgate rules on its policies regarding recommendations on leasing activities. However, since the Department has recently proposed such rules, the court does not order the Department to do so.

Counsel for Plaintiff
Constance E. Brooks
Mountain States Legal Foundation
1200 Lincoln St., Suite 600, Denver CO 80203
(303) 861-0244

Counsel for Defendants
Gerald S. Fish
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3548