67 F. Supp. 3d 1262
D. Colo.2014Background
- On June 27, 2014, court found NEPA violations in three interrelated actions by Forest Service and BLM.
- Actions: Colorado Roadless Rule with North Fork Valley exemption, Arch Coal lease modifications, and Exploration Plan for road building and drilling.
- Court postponed remedies pending briefing; parties briefed and court now issues final order.
- Remedy framework discussed under NEPA vacatur standard and equitable discretion under the APA.
- Court notes varying circuits use two-step equity tests; Tenth Circuit may not have a controlling test.
- Court must determine appropriate remedy for the intertwined NEPA violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vacatur is appropriate for NEPA violations | Plaintiffs urge vacatur of offending actions. | Defendants argue for remand without vacation or limited injunctions. | Vacatur appropriate; broader remedies favored. |
| Remedy for Arch Coal lease modifications | Lease modifications violate NEPA; vacatur warranted. | Temporary injunctions or remand could suffice. | Vacatur of lease modifications warranted. |
| Treatment of the North Fork Exception to the CRR | North Fork Exception severable; remove from CRR. | Severability uncertain; could preserve part of rule. | Sever the North Fork Exception; vacate it. |
| Whether to sever or vacate the CRR apart from the exception | Severance not preferred; full vacatur aligns with NEPA goals. | Severability could allow remaining CRR to operate. | Severance and vacatur of North Fork Exception; otherwise not severed. |
Key Cases Cited
- Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971) (standard for setting aside agency action not in accordance with law)
- Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010) (vacatur scope depends on remedial context; not sweeping here)
- Colorado Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193 (D. Colo. 2011) (discusses remand versus vacatur in related context)
- Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm’n, 988 F.2d 146 (D.C. Cir. 1993) (two-step consideration of equity in remedies)
- Arizona Pub. Serv. Co. v. U.S. E.P.A., 562 F.3d 1116 (10th Cir. 2009) (severability when the severed parts operate independently)
- Pit River Tribe v. U.S. Forest Serv., 469 F.3d 768 (9th Cir. 2006) (vacatur or injunction in environmental review context)