ELR Citation: ELR 20018
No(s). 08-2187 (D.D.C. Jan 17, 2009)

A district court issued a temporary restraining order prohibiting Bureau of Land Management (BLM) from issuing oil and gas leases on 163,935 acres of land in Utah located near wilderness areas and national parks. Because BLM failed to assess the concentration of pollution in the air, the seven environmental, conservation, and historic preservation groups that filed suit against BLM made a requisite likelihood of success showing as to their National Environmental Policy Act claim. The groups also made a showing of success on the merits of their National Historic Preservation Act and Federal Land Policy and Management Act claims. In addition, because the lease sale represents an irreversible and irretrievable commitment of resources, the groups demonstrated irreparable injury. The balancing of equities also tips in the groups' favor given the threat of irreparable harm to public land if the leases are issued. And although the development of domestic energy resources is an important public interest, this interest is far outweighed by the public interest in avoiding irreparable damage to public lands and the environment. The court, therefore, granted the groups' motion for a temporary restraining order.