ELR Citation: ELR 20235
No(s). s. 08-35359, -35360 (9th Cir. Sep 1, 2010)

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of environmental groups on claims that the BLM violated NEPA and the ESA in adopting amendments to its grazing regulations in 2006, but it vacated the court's grant of summary judgment on the groups' FLPMA claims. Among other changes, the proposed amendments decreased public involvement in public lands management, put new limitations on the BLM’s enforcement powers, and increased ranchers' ownership rights to improvements and water on public lands. In adopting the amendments, the BLM failed to take the required "hard look" at the environmental effects of the revised regulations in violation of NEPA, and it failed to consult with the FWS in violation of the ESA. The court, therefore, upheld the lower court's injunction enjoining the BLM from enforcing the revised regulations. But the lower court failed to apply the analytical framework set out in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 14 ELR 20507 (1984), to the BLM's interpretation of its authority and obligations under FLPMA. Accordingly, the groups' FLPMA claims were remanded for further consideration.

[A prior decision in this litigation can be found at 37 ELR 20147]