WILDEARTH GUARDIANS v. Salazar
783 F. Supp. 2d 61
D.D.C.2011Background
- Plaintiffs challenge the BLM's March 25, 2010 decision to authorize leasing of the West Antelope II coal tracts in the Powder River Basin, Wyoming, under the leasing-by-application process.
- Powder River Basin was decertified as a coal production region in January 1990, switching oversight from the regional leasing process to leasing-by-application in that area.
- BLM divided West Antelope II into two tracts and offered each for separate competitive bids if highest bids met fair market value and other requirements were satisfied.
- An Environmental Impact Statement and related notices were prepared; the decision relied on regulations allowing two forms of competitive leasing, depending on production-region status.
- Plaintiffs allege the leasing decision was arbitrary and capricious, arguing the BLM should have recertified the Powder River Basin before leasing.
- The Court granted partial judgments on the pleadings for the defendants, concluding the challenge is untimely or lacks a judicially manageable standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim is an untimely attack on the 1990 decertification | Wildearth asserts ongoing decertification should be recertified before leasing. | Defendants contend the claim attacks the 1990 policy decision, time-barred under 28 U.S.C. § 2401. | Untimely collateral attack to 1990 decertification; time-barred. |
| Whether the framework requires BLM to recertify, making the claim plausible | BLM was obligated to recertify Powder River Basin given current production levels. | No mandatory obligation to recertify; decision lies to agency discretion with no judicially manageable standard. | No legal duty to recertify; no judicially manageable standard; claim fails. |
Key Cases Cited
- Norton v. S. Utah Wilderness Alliance, 542 U.S. 55 (2004) (final agency action review boundaries)
- Spannaus v. U.S. Dep't of Justice, 824 F.2d 52 (D.C. Cir. 1987) (strictly construed statutes of limitations favoring government)
- Friends of The Earth, Bluewater Network Div. v. U.S. Dep't of Interior, 478 F. Supp. 2d 11 (D.D.C. 2007) (programmatic challenges not permitted by time-bar limits)
- Alliance to Save Mattaponi v. U.S. Army Corps of Eng'rs, 515 F. Supp. 2d 1 (D.D.C. 2007) (no nondiscretionary duty identified; dismissal appropriate)
- Padula v. Webster, 822 F.2d 97 (D.C. Cir. 1987) (agency policy statements binding only if they bind discretion)
- Heckler v. Chaney, 470 U.S. 821 (1985) (judicial review of agency action governed by discretion and law)
- Steenholdt v. Fed. Aviation Admin., 314 F.3d 633 (D.C. Cir. 2003) (judicial review standards for agency discretion)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (2007) (plausibility pleading standard)
- Iqbal v. United States, 556 U.S. 662 (2009) (plausibility standard applied to pleadings)
- Atherton v. D.C. Office of Mayor, 567 F.3d 672 (D.C. Cir. 2009) (standards for reviewing agency action and pleading)