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Theodore Roosevelt Conservation Partnership v. Salazar

ELR Citation: 41 ELR 20345
Nos. 10-5386, (D.C. Cir., 11/18/2011)

The D.C. Circuit upheld BLM’s decision to allow additional natural gas drilling in the Pinedale Anticline Project Area of western Wyoming. In 2008, the BLM adopted a record of decision (ROD) that, among other things, authorized the development of more natural gas wells than a previous ROD had sanctioned and provided for management and mitigation of the development. A conservation group filed for declaratory and injunctive relief, arguing that the ROD violated FLPMA and that the accompanying EIS violated NEPA. But the record supports the BLM’s determination that the ROD will prevent unnecessary or undue degradation of the project area. In addition, the BLM considered a reasonable range of alternatives in the EIS, and the EIS sufficiently addressed the proposed action’s impact on hunting. And the group’s claims based on the BLM’s alleged non-enforcement of the 2000 ROD are moot.