Wildearth Guardians v. Salazar
880 F. Supp. 2d 77
D.D.C.2012Background
- Plaintiffs challenge BLM's decision to lease WAII coal tracts in Campbell/Converse Counties, Wyoming.
- WAII tracts cover about 4,109 acres with ~429.7 million tons of in-place federal coal.
- BLM prepared a 700+ page final EIS, published Jan 23, 2009, and a Record of Decision on Mar 25, 2010.
- FWS concurred in BLM's determination regarding listed species; no adverse effects found for the Ute ladies’-tresses orchid or the black-footed ferret.
- Plaintiffs move for summary judgment; Defendants cross-move for summary judgment; court resolves standing and NEPA/other claims.
- Court holds: standing to challenge climate-change impacts denied; standing to challenge non-climate impacts retained; NEPA and other claims resolved in Defendants' favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge climate impacts | WildEarth/PRBRC claim climate effects injure interests | Climate claims are too diffuse; no concrete injury | Plaintiffs lack standing for climate-change claims |
| Standing to challenge non-climate impacts | Local NO2/PM2.5/etc. impacts harm nearby recreation/work | Purported injuries are traceable and concrete | Plaintiffs have standing to pursue non-climate claims |
| NEPA adequacy of final EIS | Final EIS failed to adequately analyze ozone/PM10/NO2 and reclamation | BLM provided rational, detailed, rule-of-reason analysis | Final EIS adequately considered environmental impacts; NEPA claims denied |
| FLPMA compliance analysis | BLM must assess FLPMA/NAAQS compliance | Regulation does not require such analysis here | No FLPMA-required analysis of 184(a) compliance; claims without merit |
| ESA: formal vs informal consultation | Informal consultation insufficient given potential effects on listed species | Informal with FWS concurrence suffices when no adverse effects | Informal consultation adequate; FWS concurred; ESA claims dismissed |
Key Cases Cited
- Summers v. Earth Island Inst., 555 U.S. 488 (2009) (standing requires injury in fact; procedural injuries do not suffice)
- Massachusetts v. EPA, 549 U.S. 497 (2007) (global climate impacts do not eliminate standing; injury must be concrete)
- Fla. Audubon Soc. v. Bentsen, 94 F.3d 658 (D.C. Cir. 1996) (causation in procedural standing cases requires link to injury)
- Theodore Roosevelt Conservation P’Ship v. Salazar, 661 F.3d 66 (D.C. Cir. 2011) (rule-of-reason NEPA review; adequate consideration and disclosure needed)
- Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402 (1971) (judicial review defers to agency's judgment where rational basis exists)
- Marsh v. Oregon Nat. Res. Council, 490 U.S. 360 (1989) (no duty to supplement EIS for every new fact; 'no obligation to update' unless triggered)