Theodore Roosevelt Conservation Partnership v. Salazar
398 U.S. App. D.C. 199
| D.C. Cir. | 2011Background
- Pinedale Anticline Project Area (PAPA) spans about 198,000 acres in western Wyoming; roughly 80% managed by BLM and contains a major natural gas field.
- In 2000, BLM issued a Record of Decision (2000 ROD) to guide development with mitigation measures like sage-grouse leks buffers and Adaptive Environmental Management.
- Development accelerated after 2000; BLM approved exceptions to seasonal restrictions, wildlife populations declined during this period.
- In 2008, BLM issued a Supplemental EIS and then a 2008 Record of Decision (2008 ROD) authorizing up to 4,399 wells on up to 600 pads with expanded development and mitigations.
- TRCP sued in district court asserting NEPA and FLPMA violations; the district court granted summary judgment for the Bureau, TRCP appeals.
- The 2008 ROD superseded the 2000 ROD; TRCP argued non-enforcement claims based on the 2000 ROD were moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2008 EIS included all reasonable alternatives. | TRCP alleges omission of scaled-back alternative to 2000 ROD. | Bureau reasonably defined objectives and provided a proper range of alternatives. | Yes; five alternatives provided a reasonable range. |
| Whether the 2008 EIS adequately analyzed hunting impacts. | TRCP contends hard look failed to address hunting impacts sufficiently. | EIS sufficiently addressed hunting impacts and wildlife/hunting considerations. | Yes; hard look satisfied. |
| Whether the 2008 ROD prevents unnecessary or undue degradation under FLPMA. | Mitigation measures may be inadequate to prevent degradation. | Mitigation and monitoring suffice within FLPMA's multiple-use framework. | Yes; record supports adequacy of measures. |
| Whether TRCP's FLPMA/NEPA claims based on the 2000 ROD are moot. | Non-enforcement claims remain justiciable and potentially remediable. | 2000 ROD superseded and moot; no relief available for past violations. | Yes; claims moot. |
Key Cases Cited
- Vt. Yankee Nuclear Power Corp. v. N.R.D.C., 435 F.2d 519 (2d Cir. 1978) (NEPA is essentially procedural; focuses on informed decisions.)
- City of Alexandria v. Slater, 198 F.3d 862 (D.C. Cir. 1999) (EIS must discuss reasonable alternatives; defer to agency’s reasonable objectives.)
- Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190 (D.C. Cir. 1991) (Rule of reason governs consideration of alternatives and objectives.)
- Norton v. S. Utah Wilderness Alliance, 542 U.S. 55 (U.S. 2004) (Sustained-yield principle and multi-use management guide FLPMA decisions.)