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Biodiversity Conservation Alliance v. BLM

Citation: 40 ELR 20168
No. Nos. 09-8011, -8013, (10th Cir., 06/18/2010)

The Tenth Circuit rejected environmental and citizens' groups challenge to a 2003 BLM resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin. The groups alleged that BLM violated NEPA when it refused to study in detail their proposal to phase development in the Basin over decades. The Bureau’s final EIS studied in detail several alternative development plans, including a “no-action” alternative. But BLM refused to give phased development detailed study because it was impractical and would not meet the project’s purposes. This ground is an adequate basis for BLM's decision.