751 F. Supp. 2d 1145
D. Or.2010Background
- ONDA suiS the BLM and district managers challenging the Steens Mountain TMP under the Steens Act, FLPMA, Wilderness Act, and NEPA.
- BLM issued the Travel Management Plan Decision Record on November 28, 2007; ONDA appealed January 4, 2008 and sought a stay from IBLA.
- IBLA granted a partial stay in April 2008 (Obscure Routes stay) but denied the stay as to other aspects of the TMP.
- IBLA reversed the TMP's motorized traffic on Obscure Routes on February 19, 2009, but affirmed the TMP in other respects.
- ONDA filed suit April 13, 2009 challenging the Decision Record as the final agency action.
- The threshold issue is whether the BLM Decision Record or the IBLA merits decision is the final agency action under the APA for judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Final agency action under the APA? | ONDA argues both the TMP Decision Record and IBLA decision are final actions. | BLM argues only the IBLA merits decision is final and reviewable. | IBLA merits decision is the sole final action. |
| Impact of conflicting regulations on finality? | Two final actions may exist simultaneously under 4.21(a) and 4.403. | Regulations conflict; special-rule 4.403 prevails, making IBLA decision final and the BLM decision non-final. | IBLA decision final; BLM decision non-final after merits decision. |
| Role of APA finality after IBLA decision on reviewability? | ONDA should be able to challenge the BLM decision as final in federal court. | Once IBLA issues a merits decision, it supersedes the BLM decision as final action. | ONDA may challenge only the IBLA merits decision. |
Key Cases Cited
- National Parks & Conservation Ass'n v. BLM, 606 F.3d 1058 (9th Cir. 2010) (final action depends on stay timing and merits; governs finality framework)
- Bennett v. Spear, 520 U.S. 154 (U.S. 1997) (two-part finality test for agency action)
- Desert Citizens Against Pollution v. Bisson, 231 F.3d 1172 (9th Cir. 2000) (illustrates finality where IBLA issues stay/merits decisions)
- Center for Biological Diversity v. U.S. DOI, 255 F. Supp. 2d 1030 (D. Ariz. 2003) (IBLA stay timing and finality framework; later reversed on appeal)
- Center for Biological Diversity v. U.S. DOI, 623 F.3d 633 (9th Cir. 2010) (addressed finality in context of IBLA decisions and stays)